What Are Birth Injuries?
Birth injuries occur when a newborn experiences physical harm during labor or delivery. Trauma is often caused by excessive traction or compression applied to the infant’s body, especially during a difficult or high-risk delivery.
Injuries can happen naturally or due to preventable errors made by a medical provider. If a provider failed to meet the standard of care and did not act as a reasonably prudent professional would have under similar circumstances, it could be considered malpractice.
Common Neurological Birth Injuries
One of the most common and significant categories of birth injury involves damage to the body’s nervous system. These injuries are typically categorized based on the nerves involved. For example, brachial plexus injuries (BPIs) affect the network of nerves that controls movement and touch in the shoulder, arm, and hand.
Erb’s palsy, also called Erb-Duchenne palsy, is the most common type of BPI. It affects the upper nerves (C5 and C6) and causes weakness or paralysis in the shoulder and elbow. One arm typically rests against the side of the body with the arm rotated inward and the hand pointed backwards.
Incidence: Approximately 1.5 cases per 1,000 live births
Klumpke’s palsy is a rare condition caused by damage to the lower brachial plexus. It involves the C8 and/or T1 nerves and affects the hand and wrist. The baby’s hand often has a claw-like appearance with the fingers bent at a sharp angle and muscle weakness in the forearm.
Incidence: <1% of brachial plexus injuries
Although it often affects adults and adolescents due to viral infections (Bell’s palsy), facial nerve damage can also occur during childbirth. This may happen if the baby’s head is pressed against the mother’s pelvis or due to the use of forceps during delivery. It typically causes muscle weakness or paralysis affecting one side of the face and is most noticeable when the baby cries. Fortunately, it often resolves on its own.
Incidence: 0.8-2.1 cases per 1,000 live births
Shoulder dystocia is a common cause of brachial plexus injuries. It occurs when the baby’s shoulder becomes stuck against the mother’s pelvic bone. It’s more likely to occur during breech births, long/difficult labor, or when the baby is especially large (macrosomia). Medical instruments can also cause shoulder dystocia and nerve injuries.
Incidence: 1% of births for babies up to 8 pounds, 8 ounces; up to 9% for babies over 8 pounds, 13 ounces.
Cerebral palsy is another neurological condition that has a variety of possible causes, including gestational brain development, maternal infections, and restricted oxygen during birth. Doctors can only identify the cause in about 2 out of 3 cases. The etiology or origin of cerebral palsy is not fully understood, but it’s often believed to involve a combination of genetic and environmental factors.
Incidence: 1.5-2.5 cases per 1,000 live births
Types of Nerve Damage From Birth Injuries
The outcome of birth injuries like Erb’s palsy depends on the severity of the damage and whether the nerve can heal on its own or be surgically repaired. The good news is that most infants with Erb’s palsy recover fully or almost fully. Improvement usually occurs within the first few months to a year, especially with early physical therapy. However, in more severe cases, permanent loss of mobility is possible. Here’s how nerve damage is classified.
| Injury | Severity | Prognosis |
|---|---|---|
| Neuropraxia | Mild (Nerve is stretched, not torn) | Excellent. Often heals on its own within several months. |
| Neuroma | Moderate (Stretching with scar tissue development) | Partial recovery is common, but some long-term weakness or damage may remain. |
| Rupture | Severe (Nerve is torn or permanently damaged) | Will not heal on its own. May require nerve graft surgery to repair, and recovery is often partial. |
| Avulsion | Most severe (Nerve root torn from the spinal cord) | Irreversible. Often results in permanent loss of function. May require nerve transfer surgery to restore partial function. |
Erb’s Palsy Treatment & Long-Term Care
The effects of Erb’s palsy and other brachial plexus injuries can be long-lasting depending on the extent of the nerve damage. Many children experience partial or complete paralysis of the affected arm. This includes reduced muscle strength, limited range of motion, and chronic pain that may persist into adolescence or adulthood. The severity of symptoms varies, and while some children recover with early intervention, others require ongoing care. Individualized treatment plans may involve a combination of therapies, including:
- Physical therapy to strengthen the muscles, improve flexibility, and maintain mobility.
- Occupational therapy to help children learn adaptive skills to perform daily activities despite limited arm or hand function.
- Surgical intervention, such as nerve grafts or nerve transfers, may be required if the nerve is irreparably damaged and there’s little to no improvement over time.
When Does Medical Malpractice Apply?
Not all birth injuries are caused by medical errors, but some are. Medical malpractice occurs when a doctor, nurse, or medical facility fails to meet the accepted standard of care and a patient is injured as a result. Here are a few examples:
- Improper use of delivery tools, especially forceps or vacuum extractors
- Failing to recognize or respond to shoulder dystocia
- Delaying an emergency C-section despite signs of maternal or fetal distress
- Ignoring potential risk factors, such as gestational diabetes or breech birth
- Applying excessive force or traction during delivery
- Inadequate monitoring of the mother or baby
- Failing to follow established obstetric protocols
The Legal Standard for Proving Medical Malpractice
Medical malpractice lawsuits require substantial evidence, including healthcare records and testimony from medical experts. To prove medical malpractice in Michigan, your Erb’s palsy attorney must show that:
- The provider owed the patient a duty of care through an established doctor-patient relationship.
- The provider failed to meet the accepted standard of care through their actions or omissions.
- The patient was injured as a direct result of the breach in the standard of care.
- The patient experienced damages as a result, such as additional medical care, physical therapy, permanent injuries, and chronic pain.
Michigan requires patients to provide advance notice of their intent to sue their medical provider at least 182 days before filing a complaint. The complaint must include an Affidavit of Merit signed by a qualified medical professional who has reviewed the facts of the case. These additional steps can create an extra barrier for families seeking compensation for birth injuries, which is why it’s important to work with a qualified attorney.
Legal Help for Birth Injury Cases in Grand Rapids
If your child was affected by a birth injury in Grand Rapids, Grand Haven, Muskegon, or anywhere in West Michigan, consult an experienced medical malpractice lawyer. At Barrix Law Firm, we’re always available to discuss the facts of your case and legal options for achieving justice and a possible financial recovery. As parents, our legal team understands the medical complexities and the emotional realities of these cases. We work closely with medical experts to uncover what went wrong and hold negligent providers accountable.
