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Mar 12, 2010
Birth Injuries
Birth defects happen with alarming frequency. The state of Kentucky has a particularly high rate of infant mortality due to birth defects. According to the most recent information available from the March of Dimes, the infant mortality rate due to birth defects was 142.1 per 100,000 live births. While it would seem that those numbers might be more appropriate for the 19th century, they actually reflect the year of 2002.
Many birth defects are completely random. A pregnant woman might do every thing right and follow her doctors orders to the letter, abstain from drinking and smoking, engage in safe and regular exercise, and have her baby delivered competently and professionally, yet her child might still suffer from a defect. Cases like these are simply tragedies, and you can’t place blame on someone for this anymore than you could blame someone if it rains.
But there is a difference between a lifelong physical condition due to a birth defect and a lifelong physical condition due to a birth injury. One is a random act of nature, and the other could possibly be an act of negligence or incompetence by a medical professional.
Commonly Occurring Birth Injuries
A birth injury is defined as an injury that occurs to a baby either before, during, or immediately after the birthing process. Some birth injuries are very minor, with no long lasting effects to the baby, while others are so severe that the end result is the death of the child. While many birth injuries occur due to circumstances that are entirely blameless, some are the result of poor delivery method, or due to circumstances that were entirely preventable but weren’t due to negligence or a mistake.
Shoulder Dystocia
This is an injury to the brachial plexus that occurs during delivery. When a baby’s head enters the mother’s birth canal while the rest of the newborn’s body is an awkward or rigid posture, the shoulder of the newborn can become lodged against the bone structures behind the birth canal. Nerves around the shoulder get torn or damaged, and in many cases the infant suffers from paralysis of the area.
Shoulder Dystocia is not the sort of event that only happens occasionally. It happens often enough to the point that there are several signs that Dystocia could be a problem for pregnant women. A mother who has been conscientious about her prenatal care has given a competent and thorough doctor several opportunities to spot women that are candidates for shoulder dystocia complications. For instance, a mother with an abnormal pelvic anatomy, gestational diabetes, or even just a mother of short stature could be considered a risk. Shoulder dystocia is also more common among women who deliver larger than average babies. The average rate for dystocia among infants weighing 9 pounds or more is 9 percent, and with doctors frequently employing ultrasounds, a larger than average baby should be noticed well before the birth. A possible episode of shoulder dystocia is rarely something that simply happens “out of the blue.” There are also several methods that can be used to safely dislodge the infant from the stuck position, any one of which an experienced or competent obstetrician should be familiar with. Shoulder Dystocia is an event that is both foreseeable and preventable, and any competent doctor should be prepared for its occurrence.
Erb’s Palsy
While shoulder dystocia is certainly traumatic, Erb’s Palsy (which is similar in that it is caused by trauma suffered from delivery,) has effects that are even worse. Erb’s Palsy is caused by intense pressure or stress placed on the head and neck of the infant. This adversely affects regions of the spine, damaging nerves and resulting in brachial plexus paralysis. While some cases have shown improvement over time, many victims of EP have to suffer through loss of use of limbs or lifelong deformities.
Cerebral Palsy
Cerebral Palsy is a condition that has no uniform or consistent set of symptoms. The variety of symptoms means that two CP victims may have symptoms that affect them in entirely different ways. Types of Cerebral Palsy can be placed into four very broad categories.
Ataxic Cerebral Palsy – The symptoms of Ataxic Cerebral Palsy are a lack of balance, poor coordination, and a lack of depth perception, and they occur in approximately 10% of cases.
Athetoid or Dyskinetic Cerebral Palsy – Symptoms include a lack of control in movements. Writhing is also exhibited in some cases. These symptoms appear in approximately 20% of CP cases.
Mixed Cerebral Palsy –Since Cerebral Palsy has such a wide range of symptoms, it is not uncommon for victims to exhibit symptoms that fall under multiple categories. For instance, contracted muscles in the arms could be combined with poor depth perception, or uncontrollable movement could be combined with muscle stiffness. Approximately 10% of CP cases fall under this category.
Spastic Cerebral Palsy – These symptoms are the most common. 50 to 75% of CP victims exhibit permanent muscle contraction and stiffness.
There are very rarely clear indicators as to what factor caused a case of Cerebral Palsy. Just like many other birth defects, cases have been known to occur where the mother and delivering physician did everything right. However, research has provided some identifiable factors. The use of drugs, alcohol and cigarettes by pregnant women can cause neurological damage to the fetus. Chemical exposure is another cause. In the 1970’s, the CP rate in the Minimata Bay area in Japan increased greatly because of fish contaminated with mercury. Women who have suffered from prior miscarriages also have higher than average rates of CP in their children.
While these causes are all environmental, there are also instances where the damage to the fetus happens during the delivery process.
A common cause of Cerebral Palsy during the delivery process is oxygen interruption. During birth, an interruption of blood flow to the brain or blood with too little oxygen can cause severe brain damage. Causes for oxygen interruption could be umbilical cord complications, premature placental separation, or irregular presentation through the birth canal causing pressure on the cranium.
The Cost of Birth Injuries
While it is impossible for a victim of a birth injury to live a truly normal life, it is possible for the victims to receive treatment and therapy that can help improve their quality of life. However, there are enormous expenses associated with these treatments. Aside from the initial medical bills, there are also the costs of the myriad of specialists that will be needed. Physical therapists, orthopedists, social workers, occupational therapists, and in the case of some CP sufferers, speech therapists and psychotherapists all have important roles to play in assisting in the development of a child with a birth injury.
Daryl T. Dixon: Making a Lasting Difference for the Injured of Kentucky
At the Law Offices of Daryl T. Dixon, we believe that those who suffer from birth defects due to the negligence of incompetence of a doctor should not be forced to bear the physical, emotional and financial costs of their injuries alone.
If you have a child that has suffered from a birth injury, contact our offices for a free legal consultation. We have the knowledge and experience to give the circumstances of your child’s birth the thorough and complete investigation that it deserves. And if we find that the injury occurred due to circumstances that should have been avoided, we will do our best to see that those responsible are made accountable.
We offer dedicated and aggressive legal counsel, and we routinely confer with some of the foremost medical experts in the country to help make it clear to juries, judges and arbitrators exactly what happened and how you were affected.
Contact Daryl T. Dixon for a free case assessment today.
Library for Birth Injuries:
- Paducah Kentucky Birth Injury Attorney shows How Cerebral Palsy Can be the Result of Medical Malpractice
Description: A description of how cerebral palsy can be caused by medical error, as well as who to turn to when catastrophic events like this occur. Paducah Kentucky Birth Injury Attorney Daryl T. Dixon is here to help families through the tough times of dealing with a Kentucky birth injury resulting from medical Malpractice or error.
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Daryl T. Dixon
535 Broadway St.
Paducah, KY 42002-1762
Phone: 270-442-3246
Fax: 270-442-1516
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