A woman in labor lying in a hospital bed, visibly in pain and discomfort, wearing a blue hospital gown and connected to monitoring equipment.

Attorney Insights for Birth Trauma Awareness

August 7, 2024/Kendall Law Group LLC

Experiencing birth trauma can have life-altering consequences for both the infant and the family. Understanding the legal aspects and knowing your rights is crucial in such situations. At Kendall Law Group, we provide valuable insights into the complexities of birth trauma cases, offering support and guidance for affected families. Our team is dedicated to helping you navigate the legal process and seek justice for any harm caused during childbirth.

Understanding Birth Trauma and Medical Malpractice

Birth trauma refers to any physical or psychological injury sustained by a mother or her baby during childbirth. When these injuries result from medical malpractice, the consequences can be even more devastating. Medical malpractice occurs when healthcare providers fail to meet the standard of care, leading to harm. In the context of birth trauma, this can include errors during labor and delivery, improper use of medical instruments, or failure to address complications promptly.

The Prevalence of Birth Trauma Due to Medical Malpractice

In Kansas and Missouri, medical malpractice remains a significant concern. Studies indicate that approximately 30% of mothers describe their childbirth experience as traumatic, and a portion of these cases involve medical negligence. The high prevalence underscores the need for heightened awareness and improved medical practices to prevent birth trauma.

Causes and Risk Factors

Several factors can contribute to birth trauma due to medical malpractice, including:

Mismanagement of Labor: Failure to monitor and manage labor progression effectively can lead to complications.
Improper Use of Instruments: Incorrect use of forceps or vacuum extractors can cause physical injuries to both mother and baby.
Delayed Cesarean Sections: Unnecessary delays in performing emergency C-sections can result in oxygen deprivation and brain injuries.
Failure to Diagnose Conditions: Not identifying and managing conditions such as preeclampsia or gestational diabetes can lead to severe complications.
Lack of Communication: Inadequate communication between healthcare providers and expectant mothers can exacerbate stress and lead to preventable errors.

Recognizing the Signs of Birth Trauma Due to Medical Malpractice

Healthcare providers, families, and friends must recognize the signs of birth trauma in both mothers and babies. Signs in mothers may include:

Physical Pain: Persistent pain in the perineal area, abdomen, or pelvic region.
Emotional Distress: Feelings of sadness, guilt, anger, or anxiety.
PTSD Symptoms: Flashbacks, nightmares, or intrusive thoughts about the birth.
Difficulty Bonding: Struggles with bonding or caring for the baby.

Signs in babies may include:

Physical Injuries: Bruises, fractures, or nerve damage.
Developmental Delays: Delays in reaching developmental milestones.
Feeding Issues: Difficulty with breastfeeding or bottle-feeding.
Excessive Crying: Persistent crying or irritability.

Common Birth Trauma Injuries

Birth trauma injuries can range from minor and temporary to severe and long-lasting. Understanding the common types of birth trauma injuries can help parents recognize signs and seek appropriate medical care and legal remedies if needed. Here are some of the most prevalent birth trauma injuries:

INJURY	DESCRIPTION	CAUSES	SYMPTOMS	LONG-TERM EFFECTS
Brachial Plexus Injury	Network of nerves running from the spine through the neck, shoulder, arm, and hand. Injury can occur during a difficult delivery.	Shoulder dystocia, prolonged labor, instrumental delivery (forceps or vacuum extractors).	Weakness or limpness in the arm or hand, lack of movement in the affected limb.	Partial or complete paralysis, limited range of motion, long-term physical therapy needs.
Fractures	Common during difficult deliveries, particularly of the clavicle (collarbone).	Difficult labor, instrumental delivery, shoulder dystocia.	Swelling or tenderness over the affected bone, limited movement of the affected arm, pain or crying when the affected area is touched.	Full recovery in most cases, potential growth issues in rare cases.
Cephalohematoma	Collection of blood between the baby’s scalp and skull bones, usually appearing several hours after birth.	Instrumental delivery, prolonged labor.	A soft, swollen area on the baby’s head, confined to one side of the head and does not cross suture lines.	Jaundice, anemia, calcification (rare).
Caput Succedaneum	Swelling of the soft tissues of the baby’s scalp, caused by pressure during labor.	Prolonged labor, instrumental delivery.	A soft, puffy swelling on the scalp, may cross suture lines on the skull.	Typically resolves on its own within a few days without long-term effects.
Facial Nerve Injury	Injury to the facial nerve affects the muscles of the face.	Instrumental delivery, prolonged pressure on the baby’s face during delivery.	Asymmetry of the face when crying, difficulty closing one eye, drooping of the mouth on one side.	Partial or full recovery in most cases, some may experience lasting weakness or asymmetry in facial muscles.
Intracranial Hemorrhage	Bleeding within the skull, can be very serious and lead to long-term complications.	Instrumental delivery, premature birth, prolonged labor.	Seizures, poor feeding, lethargy or irritability, abnormal muscle tone.	Neurological damage, developmental delays, seizure disorders.
Hypoxic-Ischemic Encephalopathy (HIE)	A condition where the baby’s brain does not receive enough oxygen and blood during birth.	Prolonged labor, placental issues, umbilical cord problems.	Poor muscle tone, weak reflexes, seizures, difficulty feeding or poor sucking.	Cerebral palsy, cognitive impairments, motor skill deficits, seizure disorders.
Subconjunctival Hemorrhage	Condition where small blood vessels in the baby’s eyes burst due to pressure during birth.	Prolonged labor, instrumental delivery.	Bright red band around the iris of the eye, no additional symptoms or discomfort.	Typically resolves on its own within a few weeks without long-term effects.
Spinal Cord Injuries	Although rare, these can occur during difficult delivery, particularly if there is excessive pulling or twisting of the baby’s body.	Difficult delivery, breech birth.	Weakness or paralysis in the limbs, lack of movement or reflexes below the level of injury.	Permanent paralysis in severe cases, developmental challenges, long-term physical therapy and medical care needs.

The Impact of Birth Trauma Due to Medical Malpractice

The impact of birth trauma resulting from medical malpractice can be far-reaching and long-lasting. For mothers, this type of trauma can lead to chronic pain, mental health issues, and difficulties in bonding with their babies. Babies who experience birth trauma may face physical and developmental challenges requiring ongoing medical care and support. The emotional toll on families can also be significant, affecting relationships and overall family dynamics.

Legal Recourse in Kansas and Missouri

In Kansas and Missouri, families affected by birth trauma due to medical malpractice have legal avenues to seek justice. Understanding the legal landscape is essential for pursuing a malpractice claim.

Kansas

Kansas has a cap on non-economic damages in medical malpractice cases, which is currently set at $325,000. This cap can impact the compensation awarded for pain, suffering, and emotional distress. However, there is no cap on economic damages, which covers medical expenses, lost wages, and other financial losses.

Missouri

Missouri also has a cap on non-economic damages in medical malpractice cases. As of 2021, the cap is approximately $442,574 for non-catastrophic injuries and $774,504 for catastrophic injuries. These caps are adjusted annually for inflation. Like Kansas, Missouri does not cap economic damages.

The Statute of Limitations for Birth Injuries in Missouri and Kansas

If your family has been affected by a birth injury in Kansas City, it is important to determine how long you have to file a claim after the injury occurs. Here is an overview of the statutes of limitations for birth injury cases in Missouri and Kansas:

Missouri

In Missouri, the statute of limitations for birth injuries falls under the broader category of medical malpractice. Generally, a medical malpractice claim must be filed within two years from the date of injury. In some cases, if the injury is not immediately discovered, the statute of limitations may be extended to two years from the date the injury was discovered or reasonably should have been discovered. However, this rule has limitations best navigated by a skilled Kansas City medical malpractice attorney.

Missouri provides special considerations for minors. The statute of limitations does not begin to run until the minor reaches the age of 18, however, a claim must be filed within two years of the minor’s 18^th birthday, regardless of when the injury was discovered. This effectively provides a maximum timeframe of 20 years from the date of injury.

Kansas

In Kansas, the statute of limitations for birth injuries also falls under the category of medical malpractice, generally requiring a claim to be filed within two years from the date the injury was discovered or reasonably should have been discovered. Additionally in Kansas, no medical malpractice claim can be filed more than four years after the date of the alleged malpractice, regardless of when the injury was discovered.

Similar to Missouri, in Kansas, the birth injury statute of limitations does not begin to run until the minor reaches the age of 18, however, if the injury occurred before the minor’s sixth birthday, the claim must be filed within eight years of the date of the alleged malpractice.

Families must act promptly if they suspect a birth injury due to medical negligence. Delays in filing a claim can result in the loss of the right to seek compensation, regardless of the severity of the injury or the clarity of the evidence.

Seeking Help and Support

Families affected by birth trauma due to medical malpractice should seek help and support. Various resources are available, including:

Legal Counsel: Consulting with an experienced medical malpractice attorney can help families understand their rights and navigate the legal process.
Counseling and Therapy: Professional counseling can assist mothers and families in processing their experiences and coping with the emotional aftermath of birth trauma.
Support Groups: Joining support groups can provide a sense of community and shared understanding.
Medical Care: Ongoing medical care and intervention may be necessary for physical injuries sustained during birth.
Educational Resources: Access to educational materials can help families understand and navigate the complexities of birth trauma.

Steps to Take if You Suspect Medical Malpractice:

Seek Medical Attention: Ensure the injured child receives appropriate medical care and evaluation.
Obtain Medical Records: Gather all medical records related to pregnancy, labor, delivery, and postpartum care.
Consult a Medical Malpractice Attorney: An experienced attorney can help evaluate your case, gather evidence, and navigate the legal process.
File a Claim: If advised by your attorney, file a medical malpractice claim within the statute of limitations.

Preventing Birth Trauma Due to Medical Malpractice

Preventing birth trauma requires a multifaceted approach that includes:

Improved Training for Healthcare Providers: Ensuring that obstetricians, midwives, and other healthcare providers are adequately trained to handle complex and high-risk deliveries.
Enhanced Communication: Promoting clear and open communication between healthcare providers and expectant mothers.
Supportive Birth Environment: Creating a supportive and calm birthing environment can help reduce stress and anxiety.
Informed Decision-Making: Empowering mothers with information and involving them in the decision-making process regarding their birth plans.

Kansas City Birth Injury Trial Lawyers

Recognizing birth trauma and its impacts, particularly those resulting from medical malpractice, is essential. By raising awareness, promoting education, and advocating for improved care practices, we aim to ensure every mother and baby receives a safe and supportive birth experience. If you or someone you know has been affected by birth trauma due to medical malpractice, know that legal and support resources are available. Together, we can make a difference by recognizing, understanding, and addressing birth trauma with compassion and care.

If your family has been affected by a severe birth injury or infant death caused by negligence, we are here to help you put your life back together and seek the compensation you deserve. Contact us at (816) 531-3100 for a free consultation.