The birth of a child should be one of life’s most joyful milestones. For some families, however, that moment is overshadowed by complications that cause harm to the baby, mother, or both. This harm is often referred to as birth trauma. But what is birth trauma, exactly?
In short, birth trauma refers to physical injuries and emotional distress suffered during or immediately after labor and delivery or the emotional and psychological distress that parents may experience after a difficult birth. While some forms of trauma are unavoidable, others may be linked to the negligence of doctors, nurses, or hospitals.
Understanding what happened during a difficult labor and delivery is an important step in moving forward. If you suspect that negligence played a role in your experience, the St. Louis birth injury lawyers at Simon Law can help you evaluate your options.
Understanding Birth Trauma
Birth trauma can take many forms, and its impact is often more complex than people realize. It may involve visible physical harm, hidden emotional and psychological struggles, or both.
Physical Birth Injuries
When most people hear the term “birth trauma,” they think of physical childbirth trauma or injuries sustained during delivery. These can range from minor injuries that heal quickly to severe, lifelong conditions:
- Neonatal brain damage: Lack of oxygen (hypoxia) during childbirth can cause cerebral palsy, developmental delays, or other permanent neurological conditions. Additionally, the improper use of delivery tools can cause internal injuries, resulting in bleeding or swelling inside the head that may lead to brain damage.
- Broken bones or fractures: Babies may suffer clavicle or arm fractures during difficult deliveries, especially when forceps or vacuums are applied with too much force.
- Nerve damage: Obstetrical brachial plexus palsy can limit a baby’s arm or hand movement. Some children may require physical therapy or surgery.
These injuries are not always immediately noticeable. Some become clear only as the child grows, such as delayed motor skills, learning difficulties, or impaired coordination. According to the National Center for Biotechnology Information, careful monitoring and early intervention are critical for improving outcomes.
Common Causes & Risks of Birth Trauma
Medical Factors
Some risk factors are outside of anyone’s control. For example, a baby’s size, breech positioning, or umbilical cord complications can make delivery more dangerous. Prolonged or unusually rapid labor also raises the risk of complications. Premature babies, in particular, are more vulnerable because their bodies are more fragile.
Provider Negligence
In other cases, preventable medical mistakes contribute directly to trauma. Examples of negligence might include:
- Failing to recognize and respond to signs of fetal distress
- Delaying or failing to call for a necessary C-section
- Misusing forceps, vacuums, or other delivery tools
- Medication errors, including administering too much or too little medication during labor
When providers fail to uphold the standard of care, the outcome of the delivery may drastically change, resulting in birth trauma.
Hospital Issues
Sometimes, broader hospital problems contribute to birth trauma. Understaffed maternity wards, poor communication among staff, or failures to enact policies and procedures that prioritize patient safety may lead to dangerous delays and errors. Families have the right to safe, attentive care, and when hospitals fall short, the consequences can be life-altering.
Legal Options for Families
When Trauma May Mean Malpractice
Not every case of birth trauma is the result of negligence. Some complications happen even when medical professionals do everything correctly. However, when errors or delays directly cause preventable harm, families may have grounds for a medical malpractice claim.
Lawsuit Basics
A birth injury lawsuit typically involves:
- Reviewing medical records and obtaining expert testimony
- Establishing a direct link between the negligence and the trauma
- Filing within Missouri’s statute of limitations for medical malpractice
This process can be complex, but having an experienced attorney ensures families understand their rights and can build a strong case.
Possible Compensation
Compensation in a birth trauma case may include:
- Immediate and long-term medical expenses
- Rehabilitation or therapy for physical injuries
- Counseling for emotional trauma
- Costs associated with lifelong care, if needed
- Pain and suffering damages for the family
Why Choose a St. Louis Birth Injury Lawyer
As attorney Liz Lenivy explained in a Fox2 “Ask the Expert” segment, birth injury cases are among the most complex types of malpractice lawsuits because they touch on multiple areas of medicine. Even if a firm advertises that they do medical malpractice cases, this does not necessarily include birth injury due to critical, specialized knowledge. Families should choose an attorney with proven experience, a track record of results, and compassion for what clients are going through.
At Simon Law, we combine deep knowledge of Missouri malpractice law and experience with complicated birth trauma cases with a client-centered approach. We know these cases are more than just legal battles. They are about protecting your family’s future.
FAQs About Birth Trauma
What could a lawsuit cover?
A birth injury lawsuit may cover medical bills, rehabilitation, long-term care, lost economic opportunity, and compensation for emotional suffering.
How long does birth injury trauma last?
It depends on the case. Some physical injuries heal quickly, while others, such as neonatal brain damage, may affect families for years or a lifetime.
Don’t Face Birth Trauma Alone – We’re Here to Help
Experiencing birth trauma can leave families feeling overwhelmed and uncertain about what to do next. You don’t have to face these challenges on your own.
The birth injury lawyers at Simon Law are here to listen, guide you through your options, and fight for the compensation your family deserves.
Contact us today for a free consultation and take the first step toward healing.
