Every expecting parent imagines a safe delivery, but many are blindsided by birth injuries they never saw coming. The uncertainty can be overwhelming: What actually causes a birth injury? Was it preventable, or simply an unpredictable circumstance? These are the questions parents ask when seeking not just comfort, but clear answers and practical steps to protect their children.
Discussions about birth injuries often focus on rare events. However, as a team working with families affected by these injuries, we know many can arise from preventable missteps such as missed warning signs, ignored protocols, and communication gaps that lead to harm. Understanding where risks arise, and what you can control or watch for, is the first step toward safer outcomes for you and your baby.
At Miller Stern Lawyers LLC, we have guided many families through the aftermath of preventable birth injuries. We have seen how attentive providers and proactive parent advocacy can make a significant difference. In this guide, we share insights, practical steps, and a legal perspective earned through years of work protecting families like yours in Maryland.
What Are Birth Injuries?
Birth injuries refer to physical harm a newborn suffers before, during, or immediately after delivery. These range from mild bruising or swelling to severe conditions like cerebral palsy or Erb’s palsy. Some examples of birth injuries include brachial plexus injuries (affecting shoulder and arm nerves), bone fractures, facial nerve damage, and brain injuries caused by a loss of oxygen during labor.
Birth injuries can be linked to factors that should be recognized and managed by healthcare teams. For example, medical mistakes, slow responses, or inadequate monitoring can lead to injuries that, in many cases, are preventable.
Hospitals and doctors who monitor closely and respond quickly can reduce these risks dramatically. However, not every birth injury can be avoided. Natural factors can create risks no matter how diligently a care team works.
Understanding the difference between unavoidable complications and preventable harm prepares parents to advocate for better care and ask informed questions throughout pregnancy and delivery.
Common Risk Factors That Increase Birth Injury Chances
Knowing which factors can increase the risk of birth injury empowers parents to be proactive during pregnancy, labor, and delivery. Some risks are linked to a mother’s health, others to how labor unfolds, and still others stem from hospital or provider issues. The right action early can often lessen these risks.
Examples of birth injury risk factors include:
- Maternal health conditions: Maternal conditions such as diabetes, obesity, or high blood pressure create challenges during pregnancy and childbirth.
- Difficult births: When labor and delivery are harder and longer, birth injury can occur.
- Difficult or prolonged labor: Long or obstructed labor can place stress on both the baby and mother, increasing the likelihood of injury during delivery.
- Precipitous labor and delivery: Extremely rapid births can raise the risk of injury due to limited time for the baby to adjust during delivery.
- Large head size: A baby with a larger-than-average head may have difficulty passing through the birth canal, increasing the risk of delivery-related injuries.
- Premature birth: Babies born prematurely are more fragile and vulnerable to injury due to underdeveloped organs and tissues.
- High birth weight: Larger babies may face an increased risk of delivery complications that can lead to birth injuries.
These factors can increase the risk of birth injuries. While not all birth injuries are the result of medical malpractice, some may be preventable and can occur when medical professionals fail to provide appropriate care during pregnancy, labor, delivery, or the postpartum period.
How Medical Providers Can Prevent Birth Injuries
Preventing birth injuries begins with attentive, timely, and appropriate medical care throughout pregnancy, labor, delivery, and the immediate postpartum period. Medical professionals are expected to follow established standards of care and respond promptly to risks as they arise. When these responsibilities are not met, preventable injuries can occur.
A few ways medical providers can help avoid birth injuries include:
- Providing proper prenatal care: Administering appropriate prenatal tests and diagnostic screenings to monitor the health of both parent and baby, identify potential complications, and offer guidance on maintaining a healthy pregnancy.
- Listening to maternal concerns: Taking reported symptoms, pain, or changes seriously and investigating them rather than dismissing concerns.
- Monitoring for fetal distress: Using appropriate tools to identify signs of distress during labor and responding according to medical standards.
- Responding quickly to emergencies: Acting promptly in urgent situations, including deciding when interventions such as assisted delivery or cesarean section are necessary.
- Thorough newborn assessment: Carefully examining the newborn for signs of injury, abnormalities, or medical conditions requiring immediate care.
- Appropriate discharge timing: Ensuring both parent and baby are medically stable before discharge and providing clear follow-up instructions.
Medical professionals are required to follow current best practices to protect patients and newborns. When they fail to do so, the consequences can be serious and lasting, and in some cases may give rise to concerns about medical negligence.
What You Can Do: Actionable Steps for Expectant Parents
Parents have more influence over the safety of their childbirth experience than they might realize. Being proactive, asking pointed questions, and understanding key risks can make a meaningful difference in the outcome of a pregnancy and delivery.
Start by bringing your health history and any concerns to every prenatal appointment. Ask about your risk factors based on age, health conditions, or previous pregnancies. Work with your care provider to develop a clear plan for monitoring and responding to complications if they arise, especially if your pregnancy is high-risk due to factors like gestational diabetes or high blood pressure.
During labor, make sure you know who is on your care team. Ask staff about emergency protocols and what steps they will take if signs of fetal distress appear. Do not hesitate to voice concerns or request clarification. If you notice delays, sudden changes in your baby’s movement, or unexplained pain, speak up.
Lastly, consider keeping a written list of questions, such as:
- How quickly can additional staff be brought in if things change?
- What procedures are in place if a C-section becomes necessary?
- How do I signal a concern if I feel something is wrong?
Empowered parents help set the standard for safe care and can prompt more diligent action from staff.
Get Answers & Support for Preventable Birth Injuries
While not every risk during pregnancy or delivery can be eliminated, knowing which birth injuries are preventable and advocating for proper care can make a critical difference. Whether you want preventive guidance, believe your child has suffered a preventable birth injury, or need a legal review, Miller Stern Lawyers LLC is committed to delivering trusted support and clear answers.
Contact us for a confidential consultation. Our firm is dedicated to helping every Maryland family act with confidence and knowledge at every stage. Dial (410) 529-3476.