8‌ ‌Most‌ ‌Common‌ ‌Case‌ ‌Of‌ ‌Birth‌ ‌Injury‌ ‌Malpractice‌

Yearly, almost 30,000 newborns are suffering from birth injuries in the entire United States alone. Because of this, America is ranking number one in newborn mortality and third in postneonatal mortality. This article will talk about the most common condition that often results from birth injury cases. Below are some medical causes of birth injury malpractice:


Hemorrhages (Intracranial)


Intracranial hemorrhage is determined if there's bleeding in the brain, and trauma at birth or oxygen deprivation causes it. In most cases, medical negligence is a cause of the injury. When a doctor or a medical assistant is unable to correctly use medical tools such as vacuum extractors, forceps, and scalpels during the labor process, it often leads to some hemorrhage in newborns. 


PVL (Periventricular Leukomalacia)


Periventricular Leukomalacia or PVL is a type of injury that transpires when there's trauma to the white material circling the brain ventricles. The said condition above is usually caused by the deprivation of oxygen in the infant during birth. For some other cases, there are infections transmitted because of brain bleeding at birth, and it typically results in this type of injury.




Infants with a traumatic head injury or lack of oxygen at birth may develop a condition of a seizure disorder. This scenario can be devastating and bring overwhelming pain to the newborn and the family. If an infant develops seizures, this can lead to brain damages in the future. 


Birth Infection


A laboring mother may pass meningitis and sepsis to their infants during delivery. In fact, there are cases where the infection can lead to a life-threatening situation. They can have detrimental impacts on the wellbeing and health of the baby. 


Kernicterus or Commonly Called Jaundice


Jaundice is one of the most seen health conditions in newborns. You'll often see the baby's skin in yellowish color, and phototherapy is often required. It is critical that this birth condition will be addressed timely and accurately since it can easily lead to further complications called Kernicterus. When a baby develops Kernicterus, they can suffer a permanent disability because of brain damage. 


CP (Cerebral Palsy) 


Cerebral Palsy is a result of the deprivation of oxygen in the infant's brain. This neurological condition has a lifelong impact on the baby's life and will require long term treatments and medication. This devastating situation will be forever visible and will leave your child permanently disabled. Cerebral Palsy often leaves the patient with a significant motor skill problem, movement issues, and muscle tone abnormalities.


Delays in Development


A birth injury victim who suffers from a spinal cord injury, cerebral palsy, and Erb's Palsy often have a deteriorating impact on their brain thinking, physical growth, and speech development. Developmental delays in birth injury victims will be visible until they grow old.


(HIE) Hypoxic- Ischemic Encephalopathy 


Asphyxia at birth is a result of oxygen deprivation to the brain of the infant. If the baby's brain doesn't get the right supply of oxygen, it may lead to a seizure disorder and developmental delay. This is because of birth trauma or injury.


The Medical Negligence


The preponderance of a medical malpractice case like a birth injury is induced by carelessness on behalf of the medical staff like nurses, doctors, and other medical experts during pregnancy, labor, and child delivery. We have discussed earlier some of the most common injuries, and it's inevitable that this injury can occur anytime and leads to life-changing consequences. The consequences will affect not only the baby but also the families. Those kids' parents will have to deal with adapting emotionally to having a "not normal baby" and how to sustain financially for their children's treatment and medication.  

Below are some of the most common examples handed over by expert Chicago birth injury attorneys of medical error cases they handled before that led to birth injuries:

  • The medical practitioner was unable to monitor the signs of fetal distress.
  • The nurse or doctor was unable to respond to some signs of fetal danger.
  • Improper use of drugs Cytotec and Pitocin.
  • Unable to use medical tools like vacuum extractors and forceps appropriately.
  • Unable to effectively manage problems surrounding the placenta, uterus, and umbilical cord.
  • Unable to correctly respond to an abnormal fetal presentation during delivery
  • Unable to recommend a C-section when it's urgently needed
  • Unable to take adequate precautions in those high-risk pregnancy cases
  • The physician failed to correctly treat an infant who has suffered birth trauma.
  • Unable to do a post follow up on the baby and mother after birth


Those are just some of the cases, but it's not the complete list. We recommend you read this blog content from birth injury malpractice lawyers to know more about medical negligence and how to file a birth injury lawsuit.




If your newborn is a victim of a birth injury malpractice and you strongly believe it was due to medical negligence, make sure to call qualified medical malpractice in your area the soonest. The victims and their respective families should be able to get compensation to assist them in alleviating the mounting costs of therapies and medical treatments for the long-term damages caused by medical negligence.


Author Credits For Gary A. Wais 


Gary A. Wais is the senior managing partner for Wais, Vogelstein, Forman & Offutt and has almost 30 years of experience in his practice. He specializes in medical malpractice and medical misdiagnosis lawsuits and has personally handled and resolved years of record-breaking cases in excess of $10,000,000.00. His most prominent case awarded $55 Million for birth injury.

The focus of his medical practice firm is in birth injuries, cerebral palsy, spine, brain injuries, and wrongful death. Mr. Wais received his J.S. from the University of Baltimore School of Law in 1983, and has been awarded many honors, including Maryland Trial Lawyer of the Year in 2012.


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