The early days with your new baby are always hard. But they may be worse if your baby isn’t developing as expected. If a mistake occurred during labor, delivery or after your child’s birth, it could be the cause. How do you know if your child has a birth injury?
First, it’s important to know that a birth defect is different from a birth injury. Many children are born with birth defects.
“Examples of a birth defect might be, say, the baby is born with club feet or a cleft palate,” says Lisa Weinstein, a lawyer at Grant & Eisenhofer in Chicago and head of the firm’s birth injury litigation practice.
A birth defect is not caused by a mistake made during labor and delivery or right after birth. A birth injury is.
“A birth injury occurs during the birthing process or when a baby is born. This may include a brain injury or an arm injury, or in some instances, the death of the baby,” Weinstein says. Many birth injuries are caused by a lack of oxygen or blood flow to the baby’s brain.
Care can be costly
Birth injuries can cause significant financial burdens for families. A child may need physical therapy, occupational therapy, speech therapy, developmental-behavioral therapy or aquatic therapy. Medicaid doesn’t always cover these therapies. The child may need multiple surgeries, a wheelchair-accessible home or a special vehicle.
All of this can add up and cause financial strain on a family.
Many of the children Weinstein represents require 24/7 care, which often means one parent must give up their job. “Or they have to pay for a nurse to take care of their child, if the child needs nursing care,” she says. “As you can imagine, it’s quite costly,” Weinstein says.
Here, we list some of the most common birth injuries and what to do if you think your child has a birth injury.
Cerebral palsy
Cerebral palsy is the most common lifelong condition resulting from a birth injury, affecting 1-4 of 1,000 infants in the United States, notes injuryfrombirth.com. The disorder affects a child’s ability to move and keep balance and posture.
Some children with cerebral palsy may not be able to walk without special equipment. Others may not be able to walk at all.
Cerebral palsy may be caused by infant brain injury, lack of oxygen to the brain, maternal infections or premature birth, injuryfrombirth.com notes.
The earliest signs of cerebral palsy include difficulty feeding and reduced muscle tone. Some children fail to reach milestones like rolling over, sitting up, crawling and walking.
Brachial plexus injury
The brachial plexus is a network of nerves that transfers signals from the neck to the shoulder, arm, hand and fingers.
A brachial plexus injury can occur when a baby’s head delivers but the shoulder is trapped against the pubic bone.
Damage can occur during delivery — such as stretch or tear of the nerves — if the medical professional manipulates the arm too much.
If this happens, you may notice little to no movement in the baby’s affected arm, and there could be numbness or a claw-like hand.
This injury can lead to Erb’s Palsy, paralysis or limpness in the shoulder, arm and elbow.
Hypoxic-ischemic encephalopathy (HIE)
This brain injury is caused by a lack of oxygen and blood flow to the brain during labor and delivery.
Children with severe HIE may be diagnosed with cerebral palsy, injuryfrombirth.com notes, or other developmental delays later.
HIE can also contribute to cortical visual impairment (CVI), which is temporary or permanent blindness because of a brain injury.
Infants may show signs of HIE right after birth. Some symptoms include seizures, difficulty breathing, low APGAR scores and poor muscle tone.
Getting help
If you think your child may have suffered from a birth injury, Grant & Eisenhofer — including Lisa Weinstein and the birth injury litigation team — will take a deeper look at the whole process, from pregnancy to birth and after birth. They can help determine if your baby has a birth injury.
Grant & Eisenhofer’s birth injury lawyers are located in Chicago, and work with families and children nationwide.
For more information, visit injuryfrombirth.com or contact Grant & Eisenhofer P.A. online. Attorney Advertising. 30 N. LaSalle Street Chicago, IL 60602. Prior results do not guarantee a similar outcome.
