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Birth defect usually refers to physical damage caused to a baby that results from complications during labor and delivery most frequently occurring during the baby’s transit through the birth canal. Physical injury may occur if the birth canal is too small or the baby is too large which may occur if the mother has diabetes. Injury may also occur if the baby is in an abnormal position in the uterus before birth.
 
Most injuries occur in induced or operative births as opposed to natural vaginal birth. Most injuries are not as a result of medical malpractice and may range from mild to severe and from temporary to long term. The most frequent injuries include; 

Brain Damage

can result from oxygen deprivation and may result in seizure, cerebral Palsy or mental impairment

Brachial Plexus Injuries

including Erbs Palsy and Klumpke's Palsy occur when the brachial plexus, which is a network of nerves that passes from the spine, across the shoulders to the tips of the fingers, is damaged usually by trauma during a difficult birth

Forceps Marks

are usually temporary bruising however forceps may cause depressed skull fractures which require surgical treatment

Bruising

on the face or head as a result of passing though the birth canal which is usually temporary however vacuum extraction can cause bruising and scalp laceration

Caput Succedaneum

is a severe swelling of the scalp caused by vacuum extraction which disappears within a few days

Subconjunctival Hemorrhage

which is minor bleeding in the eye may be caused as a result of a traumatic birth and usually disappears within ten days

Facial Paralysis

often caused by the use of forceps during childbirth which may temporarily or permanently damage facial nerves which may ned surgical repair

Cephalohematoma

is bleeding between a bone and its fibrous covering on the baby's head and usually resolves without intervention

Fractures

sometimes occur most often to the collar bone as a result of shoulder dystosia

Specialist birth injury attorneys will consider all of the circumstances of the birth after detailed perusal of the medical records and in particular will be looking for evidence of medical errors which may support a malpractice action. There are recognized risk factors and a failure to recognize them and act appropriately may lead to a finding of negligence. Factors which predispose a child to this type of injury include:

» Failure to estimate the baby's weight before delivery
» Failure to perform a caesarean section
» Failure to diagnose and treat maternal diabetes
» Failure to inform of the risks in vaginal delivery of a large baby
» Failure to follow established methods to manage shoulder dystocia
» Applying unnecessary and excessive force during the delivery
» Failure to respond to maternal bleeding
» Failure to respond to fetal distress
» Failing to observe or respond to umbilical cord entrapment
» Misuse of forceps or a vacuum extractor during delivery

What are some examples of a doctor's negligence in birth injury cases?

Failure of the doctor and/or medical team to respond appropriately in any of the following circumstances:

» Maternal or fetal bleeding
» Maternal or fetal distress or anoxia (lack of oxygen)
» Umbilical cord entrapment or compression
» Need for cesarean section
» Vacuum extractor and forceps use
» Infections
» Anticipation of large baby and possible complications
» Maternal health complications