What is Birth Injury and How You Can Prevent It?


An unborn baby can come from the womb with serious birth defects caused by birth trauma. E-Medicine and Web MD report that birth injury accounts for about 2% of all neonatal deaths and stillbirths in the country. This converts to about 6-8 injuries per 1000 live births. Some terms associated with birth injuries include brachial plexus, cerebral palsy and Erb’s palsy.


The same report states that about one half of all injuries are potentially avoidable.


Most of the risk factors for birth injuries are known by the medical community. They include:


1. Larger than average babies (over 8 pounds and 13 ounces)
2. Premature delivery (before 37 weeks)
3. Cephalopelvic disproportion (the mother’s pelvis is not of adequate size or shape)
4. Prolonged labor
5. Abnormal birthing presentation
6. Dystocia (difficult labor)
7. Instrumental deliveries
8. Vaginal breech deliveries
9. Heavy traction


Though much advancement has been made in predicting birth trauma risk as well as instrumentation, doctors still make mistakes. A doctor knows that when there is the possibility of birth trauma, the accepted alternative to instrumentation is a cesarean delivery.


The Merck Manuals Online Medical Library states that the main issue is a difficult delivery. If the fetus is too large for the birth canal (or if the canal is too small) then injury is far more like likely. Also, if the fetus is lying in an abnormal position the risk of injury is increased. The major categories of injury include:


1. Head and Brain Injury (or brain trauma)

2. Nerve Injury

3. Perinatal Asphyxia

4. Bone Injury

5. Injury to the Skin and Soft Tissues



Doctors train a good portion of their life in order to learn standard procedure when delivering newborns. Doctors may occasionally make mistakes, but when they become licensed, they agree to keep up the minimum standard of care on birth law as determined by their peers. A good doctor does not take unnecessary risks and is actively involved in monitoring fetal development and taking appropriate action when there is a problem.


The results of birth injury can be devastating. Such injury can result in the death of a child or in the child’s long-term injury. The cost of caring for a mentally or physically impaired child is taxing to a parent, and not just emotionally. Materially speaking, the bills associated with birth injury can range into the millions for a child’s lifetime.


Little wonder then that organizations like the Virginia Birth-Related Neurological Injury Compensation Program are attempting to encourage patients who have suffered such injuries to settle out of court and not talk to a birth injury attorney.


Some of these state medical programs offer promises of lifetime medical care, transportation and housing assistance and other material benefits to families that have suffered such a loss. Hospitals know they have much more to lose in a court of law than if they convince patients to settle early on.


The Rasansky Law Firm would like to encourage parents that have suffered because of a child’s birth injury to seek legal counsel from a birth injury lawyer before making any settlement decision. If your child’s injury or death was preventable, you stand to inherit a lot more compensation for your pain and suffering than the local medical community is ready to give you. Call 1-800-ATTORNEY begin_of_the_skype_highlighting              1-800-ATTORNEY      end_of_the_skype_highlighting to get a free consultation with a lawyer.