There are few moments in life that are more joyful than welcoming a healthy new baby into the world. Expectant parents place their trust in the doctors, nurses, and other medical professionals throughout the pregnancy, and during labor and delivery. In most cases, the labor and delivery process happens without any major complications, and the parents get to leave the hospital with their healthy baby. However, childbirth can be unpredictable, and complications can cause the mother and baby to suffer birth injuries. Although some birth injuries are caused by unavoidable natural complications, others are caused by hospital negligence. These injuries are particularly devastating since they could have been prevented if the medical professional followed the accepted standard of care. If your baby suffered a birth injury, and you believe negligence was a factor, it is highly recommended that you contact an experienced birth injury lawyer at your earliest convenience.
What Is a Birth Injury?
A birth injury is a physical injury that happens to a baby during labor and delivery. Unlike birth defects, which include Down syndrome, cleft palates, or congenital heart conditions that develop while the baby is in utero, birth injuries are generally caused by mechanical force, a lack of oxygen, or poor medical decisions during the delivery process. Oftentimes, birth injuries are the result of medical negligence, which means that the healthcare professional failed to provide the proper standard of care. Depending on the nature and severity of the injury, some heal completely with proper medical treatment, whereas others result in permanent conditions that require ongoing medical care, physical or occupational therapy, or specialized support.
What Are the Most Common Medical Errors That Lead to Birth Injuries?
Even under ideal circumstances, delivery rooms can be fast-paced, high-stress environments. However, complications can arise that can make the delivery process more complicated and potentially life-threatening. If the doctors, nurses, and other medical professionals lose focus, miscommunicate, or fail to take the necessary actions, it can have devastating consequences. The following are examples of common medical errors that can cause birth injuries:
- Failure to monitor a baby’s heart rate. During labor, medical staff use an electronic fetal monitor to track the baby’s heart rate. If the baby’s heart rate is too low, too high, or becomes irregular, this is a sign of fetal distress, which usually means that the baby is not getting enough oxygen. When doctors or nurses fail to check the monitor, misread the heart rate patterns, or ignore the warning signs, this is an example of negligence. If the baby goes without oxygen for too long, they can develop serious health complications, including hypoxic-ischemic encephalopathy (HIE), seizures, cerebral palsy, and a range of developmental delays.
- Delaying an emergency cesarean section (C-section). If the fetal monitor indicates that the baby is in distress, or the health of the mother is in danger as a result of stalled labor, a C-section is often the safest option. The following are situations in which a doctor may recommend a C-section:
– Labor stops progressing
– The baby is showing clear signs of distress.
– The umbilical cord becomes compressed.
– The placenta separates from the uterus too early.
– The baby is in a breech or other dangerous position.
Not every difficult labor warrants a C-section. However, an unnecessary delay can increase the risk of oxygen deprivation and physical injuries affecting the mother and the baby. - Improper use of forceps and vacuum extractors. During the delivery process, the baby can get stuck in the birth canal. When this happens, the doctor may use assistive tools to help get the baby out safely. When used correctly, forceps and vacuum extractors are effective at pulling the baby out of the birth canal. However, if the doctor uses excessive force, applies the device incorrectly, or continues to use the device when the procedure is clearly not working, this can cause serious injuries, including:
– Skull fractures
– Brain bleed
– Facial nerve injuries
– Shoulder injuries
– Bruising or swelling
– Permanent nerve damage - Failure to recognize shoulder dystocia, when a baby’s shoulders get stuck behind the mother’s pelvic bone as the baby’s head passes through the birth canal. This is an emergency situation because the baby is unable to breathe. There are specific physical maneuvers that doctors and nurses are trained to perform that dislodge the baby’s head without causing any harm. However, if the doctor panics and pulls too hard on the baby’s head or neck, this can stretch or tear the delicate nerves in the baby’s neck, which can result in the following:
– Brachial plexus injuries
– Erb’s palsy
– Broken collarbones
– Fractured arms
– Oxygen deprivation - Medication errors. One of the most common medications given to mothers during labor is Pitocin, which is a synthetic hormone that is used to induce labor and speed up contractions. However, if too much Pitocin is administered, it can cause contractions to become too strong, too frequent, or last too long. If contractions become too intense, it can cause reduced oxygen flow to the baby. Other examples of medication errors include:
– Administering the wrong medication
– Giving the incorrect dosage
– Failing to monitor the effects of a medication
– Overusing Pitocin, or other labor-inducing drugs - Failure to identify high-risk pregnancies. Healthcare providers have a responsibility to recognize health conditions that require closer monitoring throughout the pregnancy, including:
– High blood pressure
– Gestational diabetes
– Multiple pregnancies
– Large babies
– Placenta problems
– Previous difficult deliveries
If a high-risk pregnancy is not properly identified or managed, serious, yet preventable complications can arise during labor and delivery. - Failure to treat maternal infections. There are a range of infections that can arise during pregnancy or labor that can affect both the mother and the baby, including urinary tract infections, group B Streptococcus (GBS), and viral infections. In most cases, these infections are easily treated with antibiotics and other medications. However, if left untreated, an infection can increase the risk of brain injuries, sepsis, meningitis, and other serious newborn complications.
What Damages Are Families Entitled to After a Birth Injury in Virginia?
If your baby suffered a birth injury in Fairfax, Virginia, the state handles serious birth injuries differently than other states. In the late 1980s, the Birth-Related Neurological Injury Compensation Program, or the Birth Injury Fund, was created. This no-fault program was specifically designed for babies who suffered a severe, permanent brain or spinal cord injury caused by a lack of oxygen or mechanical injury during delivery. If the birth injury qualifies for this program, the family will receive financial compensation directly from the fund to cover medical expenses, therapy, residential care, and lost wages when the child turns 18. The family may not file a traditional medical malpractice lawsuit if they are receiving compensation from the Birth Injury Fund.
If the birth injury does not qualify for the Birth Injury Fund, the family will need to file a traditional medical malpractice lawsuit in order to recover the damages to which they are entitled. In order to have a successful outcome, the family will need to prove that the healthcare provider responsible for the baby’s care violated the standard of care, which means that they engaged in behavior that a reasonable, competent doctor or nurse would not have done under similar circumstances. It is also important to understand that Virginia places a cap, or a maximum limit, on the total damages that a family can win in a malpractice lawsuit. Effective July 1, 2026, Virginia’s medical malpractice cap is $2.75 million. This applies to all damages, including medical bills, lost wages, and pain and suffering.
What Should I Do if My Baby Suffered a Birth Injury?
If you believe that a healthcare provider made a medical error that resulted in your baby’s birth injury, there are steps you can take to hold the negligent party liable for their actions and ensure that you recover the financial compensation you deserve, including the following:
- Request copies of prenatal, labor, delivery, and newborn medical records.
- Write down every detail you can remember about the labor and delivery, including who was in the room, what time certain events happened, and when you first noticed something was wrong.
- Keep track of your baby’s medical appointments, diagnoses, and the daily challenges you and your baby face as a result of the birth injury.
- Keep detailed records of all medical appointments, diagnoses, and treatments.
- Consult with an independent pediatric specialist who is not affiliated with the hospital where your baby was born.
- Contact an experienced birth injury lawyer.
Fairfax Birth Injury Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Represent Victims of Birth Injuries
If your baby suffered a birth injury as a result of medical negligence, it is highly recommended that you contact the Fairfax birth injury lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates. We will thoroughly review the details of your case, determine whether negligence was a factor, and work tirelessly to recover the maximum damages to which you are entitled. Call us at 202-223-4488 or complete our online form today for a free consultation. We have offices in Washington, D.C., and also serve clients in Northern Virginia and Maryland.
