Birth Injuries

The birth of a child is usually one of the happiest moments in an individual’s life. The delivery process, though sometimes physically demanding, should proceed with the least number of complications. There are, however, some cases where the baby can be injured during birth.

The terms "birth injury" or "birth trauma" typically refers to injuries that a baby may sustain as a result of complications during labor and delivery. Birth injuries can vary from mild to severe, ranging from minor bruising to nerve or brain damage.

While most birth injuries do not result in medical malpractice, you should request the assistance of a qualified lawyer to evaluate your specific incident for the possibility of malpractice.

At the Law Office of Aleksandr Vakarev Esq., we have been expertly handling some of the more common birth injuries cases, including those involving:

  • Bruising and Forceps Marks – Most often a baby will have bruising on the face or head simply from passing through the birth canal, or from related contact with the mother's pelvic bones and tissues. If forceps are used during delivery, it usually only leaves temporary marks or bruises to the baby's head. Vacuum extraction can also cause bruising to the head, which often leads to scalp laceration. Only in extreme cases that forceps usage can cause depressed skull fractures, which will then require surgical elevation.

  • Subconjunctival Hemorrhage – Often this very common birth injury results in bright red ring around the iris in one or both of the infant’s eyes. However this does not cause any permanent damage to the eyes, and usually disappears completely within a week to ten days.

  • Caput Succedaneum - This is severe swelling of the baby’s scalp, and most usually occurs as a result of vacuum extraction. The swelling usually disappear within a few days.

  • Cephalohematoma - This is bleeding underneath the periostium (outer tissue covering the bone) in a baby's head. This condition usually do not appear right away after the birth but is apparent usually several hours later. Treatment is generally not necessary but it may take a few weeks or even months, for this ‘disorder’ to completely disappear as the blood reabsorbs. This condition is estimated to occur in about 1-2% of spontaneous births but becomes more common in operative deliveries (forceps and vacuum extraction). Unfortunately, if a cephalohematoma is especially large, the baby may become jaundiced as the red blood cells break down.

  • Facial Paralysis – When pressure is inadvertently put on the baby's face during labor or the forceps are not properly used during childbirth, this sometimes causes injury to the infant's facial nerves. If a nerve is merely bruised, the paralysis will typically clear up within a few weeks. However, with more severe nerve damage, it usually necessitate surgical repair to the damaged facial nerves.

  • Brachial Palsy Injuries (Erb's Palsy or Klumpke's Palsy) – Damage to the brachial plexus, a group of nerves that aids the hands and arms, can cause a baby to lose the ability to move his or her arm. This may be temporary or permanent. Your baby may need x-rays, MRI or other radiographic tests to see the extent of the injury. Special exercises may be required, like physical therapy during the recovery. This is more common with a ‘shoulder dystocia’ (when your baby has trouble with delivering its arm). When this injury only causes bruising or swelling, the baby will in general recover within three months. However, In more severe cases, there may be permanent nerve damage, and physical therapy and surgery may be required.

  • Fractured Bones - The most common bone fracture is usually to the clavicle (collar bone), which occurs during difficult births or breech delivery. In most cases, the baby recovers quickly once the bone is immobilized.

  • Brain Injury - Birth difficulties can result in oxygen deprivation to the baby as a result of blood loss, or the twisting or compression of the umbilical cord. Prolonged oxygen deprivation can cause brain damage, and may result in seizure disorders, cerebral palsy, or mental impairment.

Medical error can cause birth injuries, or can increase their severity or permanence. If your baby has suffered a serious birth trauma due to the negligence, incompetence, or inexperience of a doctor or other medical professional, you may be entitled to financial compensation for the damages they have caused. Let our compassionate and dedicated birth injury lawyers at the Law Office of Aleksandr Vakarev Esq., help you get the justice you deserve.

If you or a loved one has been injured due to someone poor maintenance and negligence, you may be entitled to monetary compensation for:

  • Medical & Hospitalization Bills
  • Cost of Medication
  • Specialized Testing due to Injury
  • Doctors’ follow-up visits
  • Property Damages
  • Loss of Earnings
  • Future Loss of Earnings
  • Emotional Pain & Suffering

With the help of a dedicated New York Personal Injury Attorney at the Law Office of Aleksandr Vakarev Esq, we will determine whether your personal injury case has merit.


Our personal injury lawyers’ work on a contingency basis, so you only pay a fee if we recover money for you. Contact our experienced Attorneys today at the Law Office of Aleksandr Vakarev Esq., for a free consultation at 718-839-6885.


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