Some Birth Defects Are a Direct Result of Medical Malpractice

by Monty Yolles on October 12, 2012

Some Birth Defects Are Preventable

The birth of a child should be one of the happiest moments in your life.  Sadly, that is not the case for parents whose child needlessly suffered a birth defect that could have been prevented with appropriate medical care, or was caused by negligent medical care. 

No doubt parents continue to love their babies regardless of birth defects, but the fact remains that a mentally or physically handicapped child will have greater needs in terms of the cost of his care and maintenance.  Parents’ dreams for their child may vanish as they wonder how they will take care of their mentally or physically handicapped child.

Some common malpractice related birth defects and possible causes are listed below:

  • Erb’s Palsy — Sometimes a baby’s shoulder becomes lodged behind the mother’s pubic bone, causing an emergency situation often referred to as shoulder dystocia or brachial plexus injuries.  Ongoing contractions can restrict oxygen flow to the baby, causing developmental delays.  If the doctor is unable to dislodge and deliver the baby, the baby could also suffer from nerve damage affecting the arm, wrist, and fingers. 
  • Uncorrected oxygen deprivation — Any problems in delivery that cause oxygen deprivation to the baby can result in mental and/or physical developmental delays.  Medical advancements such as electronic fetal monitoring should be correctly used during labor and delivery to alert the medical team to any problems with the baby’s well-being.  A failure to correctly interpret the fetal monitor data and to perform emergency procedures if necessary can result in serious lifelong injuries to the baby, including cerebral palsy.
  • Wrongful death:  Sometimes babies deprived of oxygen or who undergo significant blood loss or trauma simply do not live through delivery. 

Birth defects or wrongful death due to medical malpractice are serious, fact-specific cases.  Be sure to consult with an experienced personal injury attorney who can evaluate the facts related to your case and help you choose the right course of action. 

At the Yolles Legal Group, we will fight for your rights and seek monetary damages if you were injured due to another person or company’s negligence.  Monty Yolles, founder of THE YOLLES LEGAL GROUP, is an experienced Maryland personal injury attorney who can review your case and help you navigate the legal system.  Call Monty Yolles today at (301)670-0443 to discuss your case, or send an email inquiry to

Previous post:

Next post: