The Unthinkable – Injury at Childbirth, Was it Preventable? 

It’s supposed to be the happiest day of your life, bringing a new life into the world and most of the time childbirth is a joyous occasion. But sadly, not all birth stories have happy endings. In a split-second things can begin to go terribly wrong. Suddenly you notice the look of concern on a nurse’s face, machines start making unfamiliar noises, peoples are talking more quickly and moving even more quickly. Your world stops and deep inside you have a feeling of dread and fear wondering if what is going on will impact you and your newborn for life.

The reality is preventable birth injuries are a deeply emotional and complex topic, but they do happen, and the consequences of a preventable birth injury can impact your child for their entire life. To help you find peace of mind and clarity about what steps you should take to ensure you are doing all you can for you child, if you suspect your child is a victim of a preventable birth in jury, this article will outline key points including:

• Review the most common preventable birth injuries.
• Review clarifying questions to ask the care team.
• Find expert caring legal counsel experienced in preventable birth injury cases.

Preventable Birth Injuries:

Here in the Chicago are you can find comfort knowing that a nationally recognized and trusted law firm, Vinkler Law specializes in preventable birth injuries cases, and they are a phone call away. Birth injury cases are complex and sometimes the evidence of the injury is not immediately evident and that’s all the more reason you need a legal team expert in dealing with the medical profession.

About six-to-eight of every1000 births in the US result in a birth injury. Birth injuries that are considered “preventable” usually involve the use of instruments, misreading monitors, unnecessary force and or delayed intervention. Although the list below is not an exhaustive list, it includes are some of the most preventable birth injuries.

Cerebral Palsy

Cerebral Palsy – It is important to stress that not all cases of CP are caused by preventable birth trauma, but a significant number result from hypoxia, the accidental deprivation of oxygen to the newborn during childbirth or labor. This can happen if the medical team fails to interpret the signs of fetal distress being indicated on the monitor which results in delaying a c-section that then deprives the newborn of oxygen to their brain resulting in brain damage that in time leads to CP.

Erb’s Palsy 

Sometimes a newborn’s shoulder can get stuck behind the mother’s pelvic bone. If the doctor tries to maneuver the shoulder by inadvertently stretching the child’s neck with too much force, the doctor risks tearing or stretching the nerves critical to the newborn’s hand, shoulder and arm. The network nerves – the brachial plexus – if damaged can lead to paralysis or weakness of the arm.

Hypoxic-Ischemic Encephalopathy (HIE)

Some preventable birth injuries actually begin while the mother is pregnant. For instance: a failure to manage a high-risk pregnancy preeclampsia can impede blood flow and oxygen to the newborn’s brain resulting in severe developmental delays, epilepsy, or death.  

Fractures and Physical Trauma 

Broken bones, particularly the clavicle (collarbone), can occur during difficult deliveries. While some fractures heal relatively quickly, they can be a sign that excessive force was used during delivery, potentially involving forceps or vacuum extractors. 

Intracranial Hemorrhage 

This refers to bleeding within the skull or brain. It can be caused by the trauma of a prolonged labor or the rough use of delivery assistance tools. 

Questions to ask the Care Team 

It is important to point out that the birth injuries you are reading about are not always attributed to a preventable medical error but there are clearly documented cases where medical errors directly resulted in a preventable birth injury. It is also important to remember that sometimes, people feel uncomfortable asking a medical profession for more detail than they appear willing to offer.  

It is important to your newborn’s wellbeing to make sure you ask questions and continue to ask until you are confident you understand the explanation you are given. Remember: the preventable birth injuries we are discussing, in many instances, impact your child for life.  

Forceps and vacuum extractors: these are tools used that are associated with preventable birth injuries including brain bleeding, never damage and skull fractures. This is your child. Before that tool is used, you have the right to ask certain questions, and it may take courage to ask a question in the intensity of the moment. Perhaps asking your obstetrician prior to delivery about their philosophy on using forceps and vacuum extractors would pave way for your doctor to understand you are an engaged advocate in your newborn’s care. You have the right to know: 

• How often you doctor uses forceps or vacuum extractors 

• What are the next options if these devices fail?  

• How many times will they try with the device before trying something else? 

Key Questions During Labor and Delivery 

Remember you have the right to ask questions during labor and delivery about anything that is taking place. The more engaged you are in your child’s birth the active a role you play as an advocate.  Key questions you have the right to ask when something is being recommended include: 

• How much time do we have to decide? Unless it is an emergency you should have time to consider your newborn’s options. 

• Why are you recommending this? If an episiotomy or a medication is being recommended you want to know why and you want to know what your options are? You want to know what impact the choice will have on your newborn. 

• What are the risks? This is perhaps the most important question of all, you want to know what the risks are to your newborn if you chose the course of action your doctor is recommending. Remember, these are preventable birth injuries we are talking about, and you want to know if there is a less invasive and less risky approach for your newborn. 

Post-Delivery Clarifying Questions

After your baby is born you should ask basic clarifying questions to ensure you have all the facts about your newborns delivery. The questions include: 

• “What is my baby’s Apgar score?” Once your newborn has their Apgar score, ask if it is within range, and if it is not, ask why and what metrics were below normal range. The Apgar score is a rapid standardized clinical test taken within the first five minutes upon delivery and measures appearance, pulse, grimace (reflex, irritability) activity (muscle tone) and respiration.  

• “Did my baby require any resuscitation or oxygen after birth?” If so, you want to know why and how long your child was without oxygen. 

• “Are you concerned about any of my baby’s findings from the physical exam?” 

• If you see swelling or bruising, ask: “Can you explain what this bruising/swelling on the baby’s head is and if it’s a cause for concern?” 

Returning Home 

Returning home with your newborn is a joyful time but it is also a time of transition and a whole new journey is beginning.  The reality is that preventable birth injuries do now always present immediately and if any of the missteps we have discussed have taken place during your child’s delivery then you should be on mindful of certain signs and symptoms that could be indicators that newborn suffered a preventable brain injury. If you observe any of the symptoms below in your newborn contact your pediatrician and call Vinkler Law. 

• Breathing difficulties: flaring nostrils, grunting sounds. or rapid breathing can signal respiratory distress. 

• Asymmetry: Does your baby move both arms and legs equally? Weakness or paralysis on one side of the body or face (facial palsy) can indicate nerve damage (like Erb’s palsy or Klumpke’s palsy). 

• Lethargy or low energy: A baby who is unusually floppy, has a weak cry, or struggles to feed may have suffered oxygen deprivation. 

• Seizures: These can present as rhythmic jerking, staring spells, or abnormal body movements. 

• Bruising, swelling, or lumps: Significant bruising on the head (cephalohematoma) or swelling could indicate a difficult delivery and potential underlying injury. 

Call Vinkler Law Today 

You take all the steps necessary to plan your delivery, and you may expect some chaos but trust your gut. If you and your partner sense that during labor the pace of activity and the demeanor of the medical team changes make a mental note. Things you should look for that indicate you may need to call Vinkler Law include: 

You hear an aside from one nurse to another saying something like: “I wish the doctor had gotten here sooner.” Or “We should have done the c-section sooner.”   

If any medical professional suggests informally something happened, you need to remember this. 

If your newborn was quickly taken after delivery to a cooling unit or the NICU; you are owed an explanation in detail as to why. Do not settle for a casual explanation that this is sometimes done. As a parent of a newborn, you are entitled to detailed explanations. 

If you notice bruises or marks on your newborn, you need to ask for an explanation.  

Seeking compensation to ensure your child can live to their fullest capacity with the life-altering limitation caused by the birth injury is what any caring parent wants for their child. If your child is afflicted with a preventable birth injury, it is possible and, in some instances, probable the costs for care will run into the millions over their lifetime. If this injury was preventable, the burden of these costs should not fall on your family alone. If this injury that redefined your child’s life was preventable, don’t you as their parent deserve to know? 

Vinkler Law is expert at representing parents in complex preventable birth injury cases. They can help you secure a future for your child. 

Children with birth injuries often require a lifetime of support. This can include: 

• Physical, occupational, and speech therapy. 

• Specialized wheelchairs, braces, or communication devices. 

• Home modifications (ramps, accessible bathrooms). 

• Special education tutors. 

• Long-term attendant care. 

You Suspect it was a Preventable Injury; What’s Next?

Time matters in preventable birth injury cases. Memories of what happened fade; you may already be paying for expensive care and equipment for your child; and you don’t want to risk medical records or electronic records disappearing. There is also a statute of limitation in Illinois for preventable birth injury cases. The statute of limitations means there is a time limit on when you can actually file a case. You will want to consult with Vinkler Law about the details of your child’s condition, and they will handle the details. That’s just one more reason why, if you have any thoughts that your child’s condition may be a result of a preventable birth injury, trust your gut and do not delay, call Vinkler Law today. Calling is no charge, and a caring legal expert will help you navigate the next steps on what to do.  

Vinkler Law’s capable legal team will work with you to recreate the storyline of your child’s birth experience and all follow-up care. Documents that Vinkler Law will assemble include: 

• Medical records of your child’s delivery,  

• Discharge summaries. 

• Detailed timeline of everything that transpired in the delivery room and afterwards that is relevant to your child’s condition.  

• Medical records and notes from your child’s pediatricians and any specialists or consultations your child had and currently has. 

This is complex and comprehensive work that requires a legal team experienced in preventable birth injury cases. You can take comfort in knowing that when you chose Vinkler Law you are choosing the best legal advocate for your child’s well-being. 

Assembling all the necessary details, consulting and interviewing medical experts about your child’s condition and recreating the scenario of your child’s birth take painstaking time and attention and the caring experts at Vinkler Law are the right legal team to do this. But it takes time and the sooner you begin, the sooner you are on the road to ensuring peace of mind for your child’s future. 

Remember, personal injury is Vinkler Law’s exclusive focus, and they have significant experience representing parents just like you in preventable birth injury cases. Vinkler Law’s record of success is unmatched with more than a 95% success rate for their clients. Do what’s best for your child and your peace of mind, call Vinkler Law today and consult with them on your child’s preventable birth injury.