Brain Injuries During Childbirth

Monday, January 24, 2022

Brain Injuries During Childbirth

Written by Malman Law, reviewed by Steve J. Malman.

For most parents, the birth of a child is one of the happiest days of their lives. But, for parents whose newborn suffers a brain injury during childbirth, this happiness can quickly turn into stress. If your child suffered from a brain injury at birth that is a result of medical malpractice, you may be entitled to compensation, and you should speak with a Chicago traumatic brain injury attorney who handles medical malpractice claims.


How can a child receive a brain injury at birth?

Brain injuries that occur at birth are typically either caused by trauma to your child’s brain or by a lack of oxygen flow to your child’s brain immediately before, during, or after birth. Unfortunately, many of these injuries are preventable and are caused by negligent medical care. Injuries resulting from negligent medical care can have long-term results, which can affect motor skills or other cognitive functions.

Traumatic brain injuries at birth are commonly caused by:

  1. External trauma to the head during delivery;
  2. Oxygen deprivation during pregnancy or childbirth; or
  3. Congenital disabilities and defects.

While congenital disabilities and defects are naturally occurring and generally unavoidable, external trauma and oxygen deprivation may be the direct result of medical negligence or malpractice. If you think your child may have suffered a brain injury due to medical negligence or medical malpractice, the right attorney can help you evaluate your case.


What types of brain injuries occur during birth?

There are many common brain injuries that can occur during birth and may be the result of medical negligence or malpractice, including:

  1. Brain swelling;
  2. Bruising of the scalp;
  3. Scalp lacerations;
  4. Skull fractures;
  5. Bleeding outside the skull;
  6. Blood accumulation before the periosteum (formally known as cephalhematoma);
  7. Blood accumulation under the scalp (formally known as subgaleal hemorrhage);
  8. Oxygen deprivation; or
  9. Cerebral palsy.


How can I tell if my child suffered a brain injury at birth?

It can be very challenging to determine if your child suffered from a brain injury, as many of these injuries are internal, and the symptoms may be subtle. However, there are some symptoms that are easier to observe, such as:

  1. Seizures;
  2. Abnormally large forehead or small skull;
  3. Deformed spinal cord;
  4. Distorted facial features;
  5. Neck stiffness;
  6. Difficulty or focusing or moving eyes;
  7. Abnormal temperature;
  8. Inability to sleep lying down; or
  9. Intense crying.

Your child may also suffer from developmental disabilities and delays instead of physical symptoms. Examples include:

  1. Inability to roll over by nine months of age;
  2. Inability to sit up without help;
  3. Abnormal posture; and
  4. Consistent failure to meet developmental milestones.


Can I file a medical malpractice lawsuit for my child’s brain injury?

Physicians and other healthcare professionals have a duty to provide an adequate standard of care for you and your child before, during, and after birth. If this duty is breached, they can be held liable for resulting harm.


Call Chicago Traumatic Brain Injury Attorneys to Evaluate Your Case

If you suspect your child may have suffered from a brain injury due to medical malpractice, it’s critical you reach out to an experienced traumatic brain injury attorney from Malman Law. We are passionate about ensuring that you and your child receive full compensation.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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