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Understanding Birth Injuries. What New Parents Need to Know

Posted on September 17, 2023September 17, 2023 by Loni Liss

The birth of a child is a life-changing event. As a new parent, you want nothing but the best care for your baby during labor and delivery. However, sometimes things can go wrong, and the baby can sustain injuries during birth. According to recent studies, birth injuries occur in about 7 out of every 1,000 births in the USA. Some of these injuries are preventable.

Protecting families after a serious birth injury

Birth injuries can happen during a difficult delivery if the baby is larger than average or if complications arise during pregnancy or delivery.

The most common birth injuries include cerebral palsy, brachial plexus injuries, and hypoxic-ischemic encephalopathy (HIE).

– Cerebral palsy is caused by brain damage and affects muscle control and movement.

– Brachial plexus injuries occur when the nerves that control the arm and hand are damaged during delivery.

– HIE is a type of brain injury that can occur when the baby does not receive enough oxygen during delivery. HIE can lead to long-term issues such as seizure disorders, cerebral palsy, restricted brain and skull growth, and developmental delays.

Top reasons for fetal distress

As new parents, it’s important to know the top reasons for fetal distress. This knowledge can help you recognize signs of distress and take action to ensure you and your baby are safe and healthy.

Preventing birth injuries requires good communication between the OB/GYN and the hospital staff. Doctors and nurses must carefully monitor the baby’s vital signs during delivery and identify potential complications early on.

Placenta Problems

The placenta is responsible for delivering oxygen and nutrients to the baby during pregnancy. Any problems with the placenta can lead to fetal distress.

– Placental abruption occurs when the placenta separates from the uterus, causing bleeding and compromising the baby’s oxygen supply.

– Placenta previa is where the placenta covers the cervix and blocks the baby’s path out of the uterus. It is another condition that can cause hemorrhage and compromise the baby’s oxygen supply.

These conditions require immediate medical attention to prevent serious harm to the baby and mother.

Umbilical Cord Issues

The umbilical cord connects the baby to the placenta and carries oxygen and nutrients to the baby.

– If the cord becomes compressed, twisted, or detached, it can restrict blood flow and cause fetal distress.

– Conditions like nuchal cord occur when the cord wraps around the baby’s neck, causing compression and reduced oxygen supply.

– Umbilical cord prolapse is another serious condition where the cord slips through the cervix before the baby, increasing the risk of oxygen deprivation and brain damage.

Infection

Infections in the mother during pregnancy or in the baby during delivery can lead to fetal distress. For example, chorioamnionitis is an infection that affects the placenta and fluid around the baby, causing inflammation and reducing oxygen supply.

This infection can lead to premature birth and brain damage if left untreated. It’s important for expecting mothers to practice good hygiene and get regular prenatal care to prevent infections that can affect the baby.

Maternal Health Problems

Certain health problems in expecting mothers can lead to fetal distress. For example, preeclampsia is a condition that causes high blood pressure and damage to organs like the uterus and liver.

Preeclampsia can lead to a decrease in blood flow to the placenta, causing fetal distress. Mothers with diabetes also have a higher risk of fetal distress due to the impact on blood sugar levels and increased likelihood of a large-bodied baby.

It’s important for pregnant women to maintain a healthy lifestyle and get regular checkups to monitor these health problems.

If a baby is experiencing fetal distress, doctors must act quickly to deliver the baby safely. In some cases, a C-section may be the best option. OB/GYNs and hospital staff can also use tools such as forceps and vacuum extractors carefully to avoid injury to the baby during delivery.

Did your baby have a cerebral palsy diagnosis?

Hearing a cerebral palsy diagnosis about your newborn infant is devastating as a new parent. You may ask yourself, why did my baby suffer brain trauma at birth? You may wonder if a medical mistake during childbirth caused your child’s birth injuries.

Cerebral palsy is a neurological disorder that affects movement and coordination. It can have a significant impact on your child’s life.

There are many possible causes of cerebral palsy, and not all cases are a result of medical malpractice. However, medical errors during the birthing process can lead to cerebral palsy.

– If the hospital labor team fails to detect fetal distress during labor and delivery

– If a doctor improperly uses medical equipment like forceps or a vacuum extractor

– Lack of oxygen to the brain during birth can cause cerebral palsy.

Any of these mistakes can result in a brain injury from birth leading to cerebral palsy. It is essential to speak with an experienced attorney for cerebral palsy. At The Yost Legal Group, we can help determine the cause of the condition.

Our cerebral palsy lawyers are highly experienced and will review all medical records about your child’s birth injury. An experienced birth injury law firm can file a medical malpractice lawsuit on your behalf.

Experienced birth injury lawyers with a track record of success

If you suspect that your baby’s birth injury could have been prevented, speak with an experienced birth injury lawyer. A birth injury attorney can review the medical records and help determine whether a medical mistake was made during delivery.

If a medical error is made, our birth injury team will work to get a lifetime of care for your child. At The Yost Legal Group, our experienced birth trauma lawyers are here to help you in this difficult time.

If your baby has been diagnosed with a birth injury, you want to know what happened. With an HIE diagnosis or an infant brain injury, we will look into the risk factors. A CP lawyer will fight on your behalf to secure the funds to pay for your child’s care.

At The Yost Legal Group, we have successfully filed thousands of birth injury lawsuits when medical mistakes were made.

We can help you navigate the complex legal system and work to ensure your family receives the financial compensation you need to care for your child. Contact us today at 800-967-8529 for a free consultation.

Vacuum-Assisted Delivery And Birth Injury

Posted on September 20, 2017July 10, 2019 by YostLaw

Sometimes, during the labor and delivery process, the baby needs a little help getting through the birth canal. Approximately 1 out of 20 vaginal deliveries in the United States result in some form of assistance being required. Prolonged labor can be dangerous to the baby as well as extremely painful and exhausting to the mother. Two common forms of assisted delivery, used by medical providers to when labor is stalled, are vacuum extraction and forceps delivery.

Vacuum extraction involves placing a small round cup on the baby’s head, which attaches to a vacuum pump creating suction to help guide the baby out of the birth canal. If performed incorrectly, suction during vacuum extraction can cause permanent and even life-threatening injuries, including: massive bleeding (hemorrhage and hypovolemic shock) beneath the scalp or within the brain (intracranial hemorrhage and encephalopathy); brain damage; skull fracture; and, retinal hemorrhage. Forceps delivery (another assisted delivery method), can also cause skull fractures, skull bleeding, and bruising on the baby’s head and face. These injuries have been known to cause permanent brain damage, neurological injuries and more specifically, cerebral palsy (CP).

In the hands of an inexperienced or untrained physician, a vacuum-assisted or forceps-assisted delivery can cause you and your child serious and permanent injuries. The cost of care for a child with cerebral palsy, or any birth injury, is very high. If your child’s birth injury was caused by a complication during vacuum-assisted or forceps-assisted delivery, contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). When you call, you will speak with an experienced Baltimore Medical Malpractice attorney absolutely FREE.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case. The attorneys at Yost Legal Group are experienced, caring professionals ready to investigate your claim with compassion and determination. Call us today to receive a free, confidential consultation about your possible case. A The Yost Legal Group, there is no fee or expense unless you recover.

Group B Strep Infection Causing Birth Injury

Posted on August 9, 2017July 10, 2019 by YostLaw

Group B streptococcus (GBS), is a bacterium that can cause serious infections in newborn babies. It is one of many types of streptococcal bacteria, commonly referred to as “strep.” Approximately one in three to four pregnant women in the US carries GBS. It is found in the lower part of the digestive system (colon) and/or in the vagina.

GBS is not harmful to healthy adults but is extremely dangerous for newborn infants when found in pregnant women. Signs and symptoms of neonatal GBS are often very difficult to detect. Newborns who are infected with GBS can develop pneumonia (lung infection), sepsis and septic shock (systemic infection, with or without organ failure), meningitis (infection of the lining of the brain and spinal cord), and septicemia (blood infection).

Complications associated with neonatal GBS can be prevented by giving an intravenous antibiotic during labor to any woman whose baby is at risk of GBS infection. These women can be identified by bacteriological screening, involving taking swabs from the vagina and rectum, or by risk-factor-based screening. All pregnant women should be screened for GBS.

Your newborn baby is at risk of GBS infection if, during your pregnancy:

You have a urine culture during your current pregnancy showing GBS
You have a vaginal and rectal swab culture during your current pregnancy showing GBS
You had a prior pregnancy during which you or your baby had GBS

Therefore, it is important that your medical provider tests for this type of infection to avoid an otherwise preventable birth injury. If GBS is diagnosed and not treated during pregnancy, it is medical negligence.

If you or a loved one feel you are the victim of a medical mistake contact The Yost Legal Group today at 1-800-YOST-LAW (800-403-7259). When you call, you will speak with an experienced Baltimore Medical Malpractice attorney absolutely FREE.

We handle all cases on a contingency fee basis. This means you will never pay an attorney’s fee up front, and you owe us nothing unless we win your case.

Ataxic Cerebral Palsy

Posted on July 11, 2017July 10, 2019 by YostLaw

Cerebral palsy (CP) occurs in nearly 1 in every 500 births, making it is the most prevalent cause of motor function impairment. A disorder of movement, muscle tone or posture, CP is a neurological condition caused by brain damage which is usually suffered before, during or soon after a baby is born. CP may also cause seizure disorder (epilepsy), swallowing, speech and eye movement problems, and can cause intellectual disabilities. Premature birth significantly increases an infant’s risk of CP. There are several different types of CP, with each type classified according to the type of body movement and posture problem present. Ataxic cerebral palsy is the rarest type of cerebral palsy and involves the entire body.

Ataxic CP causes problems with:

Balance
Precise Movements (may reach too far or too close to touch objects)
Coordination (may walk with feet unusually far apart)
Hand control (may have trouble buttoning clothing, writing or using scissors)

If there is birth trauma during labor and delivery, it is possible for the baby to suffer from a brain injury due to hypoxia, or lack of oxygen. Medical staff is expected to monitor the baby’s heart rate and the mother’s contraction rate to ensure the safety of the baby and avoid birth injury. Medical negligence in this area could be the reason why you child suffers from cerebral palsy.

Motor functioning impairment greatly affects quality of life. Additionally, the cost of care for a child with brain damage is high. If your child’s brain injury was caused by a medical mistake at birth, or caused by an extremely premature birth which healthcare providers negligently failed to prevent (such as a failure to diagnose and treat preeclampsia), the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

Dyskinetic Cerebral Palsy

Posted on June 20, 2017July 10, 2019 by YostLaw

Cerebral palsy, or CP, is one of the most common birth injuries associated with medical negligence in the United States. This serious medical condition is the result of an injury to the baby’s brain, including brain damage caused by oxygen deprivation during labor and delivery. Cerebral palsy can be categorized into different forms, based on the degree of brain damage and the area/areas of the body affected. Forms of cerebral palsy include dyskinetic CP, spastic CP, and ataxic CP.

Dyskinetic CP results from damage to the basal ganglia of the brain (responsible for regulating voluntary movement) and is associated with a number of symptoms that cause muscle tone to fluctuate between being loose and tight. The different forms of dyskinesia include, dystonia, athetosis, and chorea, and result from damage to slightly different structures within the basal ganglia.

Characteristics of dystonia include painful muscle contractions, causing slow twisting or repetitive movement, and a disabling, rigid posture. Athetosis is characterized by slow, continuous, involuntary, writhing movements that may cause those affected to appear restless. People with chorea experience brief, abrupt involuntary movements and may appear fidgety.

It is the medical staff’s responsibility to consistently monitor the baby’s heart rate and the mother’s contraction rate. When signs of fetal distress go unnoticed, the baby can suffer from oxygen deprivation during labor and delivery, which is an obstetrical emergency. Consequences of such negligence can result in permanent brain injury, such as dyskinetic CP, when the baby suffers brain damage from lack of oxygen (hypoxia or anoxia) during labor and delivery.

The cost of care for a child with brain damage, is very high. If your child’s brain injury was caused by a medical mistake at birth, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Fetal Acidosis

Posted on June 7, 2017July 10, 2019 by YostLaw

Before a baby is born, the fetus is completely dependent on the mother’s blood supply to receive oxygen and nutrients. These necessities are delivered from mother to child through the umbilical cord and placenta. If proper care is not taken by a medical professional during the labor and delivery process, the baby’s oxygen supply can become compromised. When a baby is suffering from oxygen deprivation, brain cells begin to die off and brain damage can be irreversible.

Fetal acidosis is a symptom of serious brain injuries caused by a severe lack of oxygen to a baby during labor and delivery (such as, Cerebral Palsy (CP), Hypoxic Ischemic Encephalopathy (HIE), and seizure disorders). Fetal acidosis is diagnosed by a lab test, (blood cord gas test) performed in the first few minutes of a newborn’s life, analyzing the pH level of the blood drawn from the umbilical cord artery and veins. If the pH level of the cord blood sample is 7.0 or less, the baby has a low (acidic) cord pH and is diagnosed with fetal acidosis. A low cord pH at birth is one of the most common indicators of a baby’s lack of oxygen during labor and delivery.

Birth injuries due to low oxygen supply (hypoxia) or no oxygen supply (anoxia, or asphyxiation) can be avoided by good medical care during labor and delivery, including routine monitoring of the baby (fetal movement and heart rate), the mother’s vital signs (maternal heart rate and maternal blood pressure), and uterine contractions during labor (how long the contractions last, how strong the contractions are and how close together the contractions occur).

If your child’s brain injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Call The Yost Legal Group today at 1-800-YOST-LAW (967-8529) for a FREE, confidential, no-obligation consultation. When you call, you will speak with a Baltimore Birth Injury attorney with real experience absolutely free. At The Yost Legal Group, there is no fee or expense unless you recover.

Spastic Cerebral Palsy at Birth

Posted on May 23, 2017July 10, 2019 by YostLaw

Spastic cerebral palsy is a permanent loss of muscle control caused by an injury to the brain resulting from a variety of causes, one of which is a lack of oxygen to the baby during labor and delivery.

Spastic CP is characterized by involuntary movement of the arms and legs, uncontrolled muscle spasms and can also affect the muscles controlling speech and swallowing. Spastic CP can affect all four limbs, neck and torso (tetraplegia), both arms and both legs (quadriplegia), or only one arm or leg (monoplegia) but most commonly affects the arm and leg on one side of the body, only (hemiplegia). Less commonly, spastic quadriplegia can affect three limbs (triplegia).

Poor coordination and balance, a complete inability to relax tightened muscles, difficulty walking, talking and eating are all common complications of spastic CP. For those who suffer from this neurological disorder, affected joints become very stiff and hard to move. Over time, the affected arms or legs may become extremely painful and interfere with the ability to function independently or even to sit in a comfortable position

Birth injuries, such as spastic cerebral palsy, can be the direct result of medical negligence. It is important for medical providers to consistently monitor the baby’s heart rate and the mother’s contraction rate to identify if the baby is experiencing a lack of oxygen during the entire course of labor and delivery. If a complication, such as a very low (bradycardia) or very high (tachycardia) fetal heart rate is identified in a timely manner, medical providers can respond immediately to fetal distress. A baby’s lack of oxygen during labor and delivery is an obstetrical emergency and can result in permanent brain injury such as spastic CP.

There are a number of treatments available for the management of spastic CP. However, the cost of care for a child with cerebral palsy, or any brain damage, is very high. If your child’s brain injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

Placenta Previa and Hypoxic Brain Injury

Posted on April 25, 2017July 10, 2019 by YostLaw

Placenta previa occurs when the placenta lies low in the uterus and partially or completely covers the cervix. When this happens, the placenta is lying between the fetus and the birth canal, effectively blocking the baby’s delivery. Although placenta previa is quite common in the early weeks and months of pregnancy, it typically resolves as the pregnancy progresses and the placenta moves up and away from the cervix as the uterus expands.

However, placenta previa does not always resolve itself. It affects about 1 in 200 births, at which time it can create the risk of severe bleeding (hemorrhage) in the mother and lack of oxygen to the baby (hypoxia). When placenta previa is present near the end of pregnancy it almost always requires cesarean (c-section) delivery of the baby.

Placenta previa should always be suspected when bright red vaginal bleeding occurs during pregnancy, at which time an ultrasound should be ordered and the condition can be diagnosed by the ultrasound images. If ultrasound confirms placenta previa is the cause of vaginal bleeding during pregnancy, the proper course of treatment is to admit the patient to the hospital for monitoring and bedrest. If the bleeding does not stop, or if the fetal heartrate monitor indicates the baby is in distress, the pregnant mother will remain hospitalized and may receive blood transfusions and other treatments until the baby is delivered.

Lack of oxygen to the baby’s brain due to a ruptured placenta previa can cause serious brain damage. Birth asphyxia, hypoxic ischemic encephalopathy (HIE) and cerebral palsy are brain injuries that are caused by oxygen deprivation. The treatment for these complications is limited due to the fact that most brain damage is permanent.

Our experienced attorneys fight for individuals who have been negatively impacted by the negligence of others. If you would like to discuss your family’s potential claim arising from a placenta previa birth injury, the attorneys at Yost Legal Group are experienced professionals ready to investigate your claim with compassion and determination. For a free consultation, please call us at 1-800-YOSTLAW.

klumpke’s palsy

Posted on March 23, 2017March 23, 2017 by YostLaw

The U.S. Centers for Disease Control and Prevention report there are 3,952,841 babies born each year in the United States. Approximately one in every 1,000 of these births result in an injury to a baby’s brachial plexus – a webbed network of five nerves located below the neck and above each shoulder. The brachial plexus controls movement and the sense of touch in the fingers, wrists, arms and shoulders. A brachial plexus injury may be the result of a medical provider’s mistake.

If the baby weighs too much (macrosomia) or has shoulders too wide for the birth canal (feto-pelvic disproportion), the baby’s shoulder can get caught (shoulder dystocia) on the mother’s pelvic bone during vaginal birth. When this happens, the baby’s head presents but the baby’s body does not descend through the birth canal. Shoulder dystocia is an obstetrical emergency that requires immediate, safe and appropriate procedures to gently free the baby’s shoulders and deliver the baby. If the doctors, nurses or other medical providers apply too much pressure (e.g., fundal pressure or lateral pressure) and/or pulling (traction) to the baby’s head, neck, arm and shoulders during delivery, the baby can suffer a brachial plexus injury such as stretching, tearing, rupture or avulsion of one or more of the five nerves which form the brachial plexus.

Different than Erb’s Palsy, which affects the upper brachial plexus nerves (specifically C5, C6 and C7), Klumpke’s Palsy results from an injury to the two lowest brachial plexus nerves (C8 to T1), which are responsible for controlling movement of the hand and forearm muscles. Therefore, while Klumpke’s Palsy and Erb’s Palsy can be caused by the same type of medical mistake, they’re still two very different injuries.

Symptoms of Klumpke’s Palsy include:

Claw hand
Drop wrist
Paralysis in the forearm and hand
Numbness in the forearm and hand

Treatment is limited for this type of hand and forearm injury. Surgery is recommended for damaged nerves that are unable to heal on their own. Additionally, physical therapy will be required. The cost of care for a child with Klumpke’s palsy, or any birth injury, is very high. If your child’s injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

At The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do.

ERB’S PALSY

Posted on March 10, 2017March 27, 2018 by YostLaw

Welcoming a new baby into the world can be one of the happiest days of your life. The most important and desired outcome on that special day is of course, a safe delivery, free of any harm to the baby and mother. Unfortunately, this is not always the case.

A birth injury, characterized by damage to a baby’s brain or body function due to a harmful event that occurred at birth, may be the result of a medical mistake. Erb’s palsy, a disorder sometimes referred to as shoulder dystocia or brachial plexus palsy, is the result of damage to some, but not all, of the nerves which form the brachial plexus, a bundle of nerves responsible for moving the shoulder, arm, wrist and fingers. Most typically, the Erb’s Palsy injury is a “stretch injury” (neuropraxia), but sometimes the injury involves torn nerve fibers, a completely torn nerve (nerve rupture) or, a nerve root torn from the spinal cord (nerve avulsion). Erb’s Palsy is very often caused when the baby has been unnaturally or too forcefully pulled, twisted or jerked by a medical provider during the delivery period.

This harmful mistake causes significant injuries to the baby’s neck, injuring nerve roots C5 and C6, with C7 also affected in 50% of instances. Evident signs that a newborn has suffered an injury related to Erb’s palsy are as followed:

Inability to move arm or shoulder
Arm hangs limp with wrist and hand turned inward
Weak or absent reflexes
Decreased grip strength

If left untreated, Erb’s palsy may lead to:

Partial or full paralysis of arm and shoulder
Limited growth of the arm and hand
Permanent arm weakness and numbness
Deteriorating muscles (Muscle atrophy)

Although it may be possible for Erb’s palsy to resolve completely in the first year the infant’s life, no child should have to experience these devastating circumstances. Furthermore, if proper care is not administered after the preventable birth injury took place, your child may be permanently disabled.

If your child’s injury was caused by a medical mistake, the experienced Birth Injury lawyers at The Yost Legal Group are here to help.

If we take your case, our legal team will investigate every detail surrounding your child’s birth injury and will help provide the answers you seek. Lastly, at The Yost Legal Group, you will never pay an attorney’s fee unless we achieve a recovery for you. We don’t get paid until you do.

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