What is a Birth Injury and How Does it Affect the Child?
Chicago is a major urban center in Illinois, with families from across the city and surrounding communities seeking medical care during pregnancy and childbirth. Its 77 community areas include densely populated neighborhoods as well as diverse communities with different healthcare needs. Although many births happen without serious complications, mistakes or problems during pregnancy, labor, or delivery can sometimes cause harm to a baby.
A birth injury is harm a baby suffers before, during, or shortly after birth that can affect the child’s health or development. That is why understanding birth injuries and their potential effects is so important. If your child was injured during birth and you believe medical negligence may have played a role, a lawyer for a birth injury lawsuit in Chicago can review what happened and help you understand your legal options.
Knowing how an injury may affect your child can help you make informed decisions about their care and your family’s future.
What Counts as a Birth Injury?
A birth injury refers to physical harm or medical complications a baby experiences before, during, or shortly after birth. These injuries can vary in severity and may affect the brain, nerves, bones, or other parts of the body. Some babies recover with appropriate treatment, while others may experience lasting effects that require ongoing medical care, therapy, or developmental support.
How a Birth Injury Can Affect a Child
The effects of a birth injury can vary widely depending on the type and severity of the harm. Some children recover with treatment, while others may experience lasting effects that require ongoing support.
1. Brain-Related Effects
Some birth injuries affect the brain, particularly when a baby does not receive enough oxygen or experiences certain complications during delivery.
Depending on the severity, these injuries may affect:
- Movement
- Coordination
- Muscle control
- Learning
- Other brain functions
For example, a child with a significant brain injury may have difficulty controlling certain movements or coordinating physical activities. More serious injuries may require physical therapy, occupational therapy, or other ongoing support as the child grows.
When a birth injury is caused by medical negligence, Illinois law allows claims for injuries or death resulting from medical or hospital malpractice under 735 ILCS 5/2-1704.
2. Nerve Injuries Affecting Movement
Nerve injuries can occur when excessive pressure or force affects a baby's nerves during delivery. Injuries involving the nerves around the shoulder may affect the child's ability to move or use one arm normally.
For example, a baby with a nerve injury affecting the arm may have weakness or limited movement on one side. Some children recover with time and treatment, while more serious injuries may cause lasting problems with strength or movement.
Early evaluation can help determine the severity of the injury and whether the child may benefit from physical therapy or other treatment.
3. Bone and Physical Injuries
A difficult delivery can sometimes cause physical injuries, including fractures or injuries to other parts of the body. The collarbone is one area that may be affected during a complicated delivery.
For example, a newborn with a fractured collarbone may have pain or limited movement in the affected arm while the bone heals. With appropriate medical care, many of these injuries heal without long-term problems.
Follow-up care may still be necessary to make sure the injury heals properly and does not interfere with the child's movement or physical development.
4. Developmental and Cognitive Effects
Some birth injuries can affect how a child develops over time. Depending on the injury, a child may have difficulties with speech, communication, learning, attention, or reaching expected developmental milestones.
For example, a child may begin speaking later than expected or need additional help with learning and communication at school. These challenges may become more noticeable as the child grows and faces more complex tasks.
When these effects result in a lasting impairment, federal law recognizes learning, speaking, communicating, concentrating, and thinking as major life activities when determining whether a person has a disability under 42 U.S.C. § 12102.
Regular developmental assessments can help parents and healthcare providers monitor the child's progress and identify appropriate treatment, therapy, educational services, or other support.
5. Ongoing Care and Support Needs
A serious birth injury may require ongoing medical care, therapy, assistive services, or specialized educational support. These needs can continue as the child grows and may affect daily activities, education, and independence.
For example, a child with a lasting movement or developmental impairment may need regular physical therapy, medical appointments, specialized equipment, or additional educational support throughout childhood.
Understanding the child's expected needs can help parents plan for future care and the financial costs that may come with it. If medical negligence caused the birth injury, a legal claim may allow the family to seek compensation for eligible medical expenses and other losses.
Final Takeaways
- A birth injury can occur before, during, or shortly after delivery and may affect a child's health in different ways.
- Brain and nerve injuries can affect movement and development, depending on their severity.
- Some physical injuries may heal with treatment, while more serious injuries can have lasting effects.
- Certain birth injuries may create long-term medical, developmental, and financial needs for the child and family.
- Parents who believe medical negligence caused a birth injury can seek legal guidance to understand their rights and potential options.
