Fairfax, VA Birth Injury Lawyer

Compassionate Birth Injury Attorneys Fighting for Families in Fairfax, Virginia

During the nine months of pregnancy, expectant mothers and fathers are filled with anticipation and excitement. They may be busy picking out names and dreaming about the day they will get to hold their new baby without thinking that the day they welcome their tiny bundle of joy into the world may be marked by trauma. Sadly, birth injuries do occur as a result of medical negligence.

Because expectant mothers are usually busy during those nine months as they get a nursery ready, read up on parenting tips, and go to doctor's appointments, they rarely spend time researching birth injuries. In fact, the thought may not even cross most mothers' minds. For this reason, we have put together detailed information about types of birth injuries, causes of birth injuries, treatments that may be needed, and how injuries may be addressed through medical malpractice claims so that parents who have just learned of a child's birth injury will have the best information possible at their fingertips.

If your family is dealing with the aftermath of a birth injury, Shevlin Smith, P.C. can help. Our lawyers offer compassionate, one-on-one legal assistance as we advocate for your rights both in and out of the courtroom. We understand what a difficult and emotional time this is for you and your family. When you trust your case to us, we will handle every detail so you can focus on spending time with your loved ones and moving forward.

Common Types of Birth Injuries

Birth injuries can take many forms, including:

• Brain Injury: Infant brain damage can occur due to a lack of oxygen during childbirth. This can be due to a nurse or doctor failing to intervene fast enough when the infant is stuck in the birth canal. Also, if doctors allow labor to go on too long or if there is excessive pulling during delivery, a baby can suffer brain damage. There are many other causes of infant brain damage, such as untreated jaundice and umbilical cord issues. However, the end result is that the infant is deprived of adequate oxygen during birth, leading to brain injuries that can be permanent.
• Cephalohematoma: This type of birth injury generally occurs during prolonged labor or when a doctor uses a vacuum extractor or forceps incorrectly to assist during delivery. As a result, the baby can experience a collection of blood underneath the skin that may place pressure on the skull and brain. Babies born with cephalohematoma are at an increased risk of a skull fracture, head trauma, and developmental delays.
• Cerebral Palsy: When a doctor uses excessive force to deliver a baby and a child suffers head trauma, or an obstetrician fails to perform a cesarean section in time and the baby suffers a lack of oxygen, cerebral palsy may be the result. This type of birth injury can cause spasticity, seizures, vision and hearing difficulties, learning disabilities, speech issues, breathing and swallowing problems, and a number of neurological disorders that affect a child's muscle coordination and body movement, ultimately affecting the way a child walks and talks. Sadly, this disorder will have a lifelong impact on the injured child and their entire family.
• Erb's Palsy: Also known as brachial plexus injury, this can occur when an obstetrician uses too much force on the shoulder of the baby when trying to get the infant out of the birth canal. The baby can suffer an injury to the brachial plexus nerve network near the neck, causing weakness or paralysis in the arm and shoulder.
• Klumpke's Palsy: When a difficult vaginal delivery occurs, a doctor might pull the baby from the birth canal by an extended arm. This maneuver can cause an injury to the baby's hand and forearm, producing a "claw hand" or partial paralysis in the injured hand.
• Seizure Disorder: If a newborn has a seizure right after birth, it could indicate that a brain injury occurred during delivery from a lack of oxygen. Seizures can be marked by a slow jerk of one part of the body or a rapid twitching or jerking movement of the entire body. Many babies who suffer from seizures also suffer from cerebral palsy.
• Paralysis: When a doctor uses forceps or a vacuum extractor in the wrong way, and too much force is applied to the baby's spinal cord, it is possible that the infant will suffer spinal cord damage and paralysis. Also, a birth injury that causes brain damage and cerebral palsy can sometimes cause paralysis.
• Wrongful Death: What was supposed to be the most joyous day can sometimes turn into the most tragic day when something goes wrong and a baby dies at birth or shortly after. When medical mistakes and negligence are the cause of an infant's death or a mother's death, this may be addressed through a wrongful death claim, and the hospital and negligent health care professionals may be held accountable.

Many of these injuries and conditions can occur for reasons other than medical negligence. However, if you suspect that a physician or hospital was to blame for a birth injury, we urge you to discuss your concerns with a medical malpractice attorney at our office.

What Treatments Are Available for Birth Injuries?

Because birth injuries can range in severity, the type of treatment will depend on the specific birth injury. For example:

• In mild birth injury cases, physical therapy can help injured infants make full recoveries. Physical therapy is often used to treat brachial plexus injuries and weakened muscles. Physical therapists may also work with infants who suffer from cerebral palsy and other serious disorders.
• In more serious cases, surgery may be the most effective method to correct a birth injury. Although no parent wants to have their young child undergo surgery, this may be the only type of treatment that will help correct the problem. This is often the case when a skull fracture or bleeding in the brain occurs.
• In severe birth injury cases, children may have to live with permanent disabilities or deformities. Although physical therapy and surgery may help in some situations, other birth injuries can be so severe that they will cause lifelong complications, such as paralysis and cerebral palsy.

When birth injuries occur, the effects may not be noticeable at the time of birth. It can take time for doctors, nurses, and parents to recognize that something is not right. Once a birth injury is detected, it is important to provide treatment immediately.

The Importance of Support After a Birth Injury

You should not have to go through the ordeal of dealing with a birth injury alone. It is important to rely on all available resources, including:

• Family Support: You may rely on family and friends during this difficult time. Relatives and others in your life may want to cook meals for you, pray for you, or help out in any way they can. It is best after a situation like a birth injury to let your family help you and be there for you.
• Mental Health Support: Because you suffered emotionally as a result of the trauma that occurred to your child at birth, it can be helpful to talk with a counselor about your thoughts and feelings surrounding the trauma your family endured.
• Legal Support: You may or may not know if you want to pursue a birth injury claim. Our firm provides free consultations, so it is in your best interest to get some legal advice.

Because birth injury cases can be overwhelming, they require an experienced legal team to hold doctors and hospitals accountable. We have more than 70 years of combined experience, and we have litigated many medical malpractice claims.

Causes of Birth Injuries

Birth injuries can occur for many reasons, some of which include:

• Delayed Cesarean Section (C-section): When an obstetrician is not monitoring the mother and baby closely and misses warning signs of fetal distress, a necessary C-section may be delayed. If a doctor fails to perform a timely C-section, a baby can suffer from cerebral palsy, brain damage, and even death.
• Misuse of Labor and Delivery Tools: Some doctors may use forceps and vacuum extractors to assist with difficult labors. Forceps are a medical device that a doctor may use to help guide the infant's head out of the birth canal. A vacuum extractor is a suction cup that is placed on the baby's head, allowing a doctor to help pull the baby out of the birth canal. When these tools are used incorrectly or with too much force, a baby can suffer a wide range of serious birth injuries.
• Shoulder Dystocia: When an infant's shoulder or shoulders get stuck on the mother's pelvis during delivery, and the doctor does not recognize this issue and makes an error, shoulder dystocia can occur. There are many injuries that may be caused by shoulder dystocia deliveries, such as a broken arm, broken clavicle, or nerve injury. Often, a baby will suffer a brachial plexus injury, such as Erb's palsy or Klumpke's palsy, as a result of a shoulder dystocia delivery.
• Failure to Diagnose and Treat Gestational Diabetes: If a mother's gestational diabetes is not diagnosed and treated during pregnancy, high blood glucose levels can put the baby at risk of low blood sugar levels, calcium deficiencies, jaundice, incomplete lung development, obesity, or stillbirth. Also, babies in these cases may be abnormally large for their gestational age, which puts them at an increased risk of injuries due to improper use of birthing tools.
• Improperly Managed Preeclampsia: Preeclampsia is a serious condition to have during pregnancy, as it causes insufficient blood flow to the baby. When an obstetrician does not monitor and manage a mother's blood pressure properly, a baby can suffer from poor fetal growth, placental abruption, brain damage, and lifelong problems.
• Untreated Maternal Infections: There are many maternal infections that can be passed to babies during pregnancy and delivery. This is why doctors are supposed to screen for them during pregnancy. Some of the infections that can harm a child include group B strep, rubella, and syphilis. When doctors fail to handle the situation correctly, babies can suffer birth defects, brain injuries, and even death.
• Misuse of Pitocin: Pitocin is a labor-inducing drug. When it is administered incorrectly, it can have devastating effects on the baby. Some of the risks of overuse of Pitocin include failure to detect fetal distress and failure to perform an emergency C-section, which can lead to brain damage and cerebral palsy.
• Failure to Respond to Fetal Distress: Because the birthing process can take a long time, nurses and doctors are supposed to constantly monitor the baby's heartbeat and oxygen levels. If they fail to recognize the signs of fetal distress, a baby can suffer from a lack of oxygen, which can cause a brain injury, cerebral palsy, paralysis, and even death.

Although there are many specific causes of birth injuries, they will often involve medical negligence. When doctors or nurses fail to monitor mothers and babies properly, infants can suffer from a wide range of minor to serious birth injuries. Our firm can help you fight to hold the responsible parties accountable when a birth injury occurs.

Birth Injury and Medical Malpractice FAQs

Parents come to us when they are experiencing emotional distress after a birth injury. We want to be there for our clients in every way possible. Here are some of the frequently asked questions we receive:

Contact Our Fairfax, VA Birth Injury Attorneys

At Shevlin Smith, P.C., we believe that no child should ever have to suffer as a result of a medical error. We are passionate about advocating for injured children and their parents. If you are looking for answers to questions about birth injuries, or if you want to take steps to hold a doctor or hospital liable for an injury caused by negligence, the attorneys at Shevlin Smith, P.C. can help you. To take advantage of a free consultation, contact our Fairfax birth injury lawyers at 703-591-0067.