A compensable birth injury occurs when an infant is harmed during delivery due to a healthcare provider’s negligent act or omission. Such injuries can include deformity, chronic pain and long-term disability, as well as emotional trauma for the child and their family. Medical professionals who make critical misjudgments or other errors before, during or after childbirth may be held legally accountable for the resulting harm.

The following are the most common types of birth injuries that a child can suffer:

• Cerebral palsy — This is a group of motor disorders that affect an individual's ability to move and maintain balance. The most common cause is oxygen deprivation during birth. It can occur from failure to monitor fetal distress and to properly respond to complications or from delaying interventions like emergency c-sections.

• Hypoxic-ischemic encephalopathy (HIE) — This is a type of brain damage caused by a lack of oxygen and blood flow. It must be diagnosed immediately after birth and prompt treatment must be given to minimize the potential for lasting neurological consequences. 

• Skeletal damage — Injuries to the baby's skull, clavicle, femurs or other bones can occur if forceps or vacuum extraction tools are used improperly during delivery. 

• Brachial plexus injury — Also known as Erb’s palsy, this injury occurs when the nerves controlling the arms and hands are damaged during delivery, often due to excessive force or improper handling by medical staff. A common cause of this injury is shoulder dystocia, a complication in which the baby's shoulder becomes lodged behind the mother's pubic bone.

• Facial nerve injury — This can have several causes, including excessive pressure from forceps and other extraction tools, and can result in asymmetry of the face.

• Spinal cord injury — This can be caused by lateral stretching of the neck due to shoulder dystocia, breech extraction or hyperabduction of the neck in certain fetal positions.

When a C-section is medically required but is delayed due to misinterpretations, communication breakdowns or other errors, it can increase the risk of some of the foregoing injuries.

Birth injuries constitute medical malpractice if they are due to the failure of an obstetrician or other medical professional to adhere to the proper standard of care. The standard is higher for high-risk pregnancies, such as those involving preeclampsia, placenta previa or gestational diabetes.

If you believe your child has suffered a birth injury due to professional negligence, a Connecticut medical malpractice lawyer can help you get you compensation for the costs of ongoing medical expenses, rehabilitative care and related treatment.

Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven represents Connecticut clients in birth injury claims. To schedule a free consultation, please call 203-745-0942 or contact us online.