Tennessee Birth Injuries: Whose Fault Was It?

For every 1000 births in the United States, between six and eight injuries occur during labor and delivery. Most have a favorable outcome and either resolve on their own or require very little medical intervention. 

But sometimes mistakes are made, and babies are injured more seriously during the birthing process. It is important to note that almost 50% of all birth injuries could have been avoided if only someone had acted or planned differently.

Common Birth Injuries

There are many possible birth injuries, but some of the most common include:

• Cerebral palsy: A group of brain and nervous system disorders that can cause problems with movement, learning, vision, and hearing.
• Shoulder dystocia: When the fetal head has passed into the birth canal and the shoulder(s) become lodged or stuck on the mother's pelvis.
• Brachial plexus injury: Occurs when the network of nerves in the fetus' neck is damaged during a difficult childbirth.
• Erb's Palsy: A result of brachial plexus injury that affects the child's strength, growth, and mobility of the arm, hand, and wrist.
• Head and brain injuries: Can range from minor bruising and swelling to bleeding in the brain (intracranial hemorrhage).
• Fracture: Bone fractures can happen to any bone in the fetal body, but most common are collarbone and skull fractures.
• Oxygen deprivation: Also known as perinatal asphyxia, this occurs when the umbilical cord gets twisted, cutting off the fetal oxygen supply.

Symptoms of Birth Injuries

While some birth injuries are easy to diagnose immediately following birth, others may take some time and observation to detect. Parents who suspect a birth injury should look for the following symptoms:

• Unresponsiveness
• Poor feeding
• Bruising
• Paralysis
• Seizures
• Developmental delays
• Excessive sleepiness
• Excessive crying
• Poor control of muscles

Causes of Birth Injuries

While there are many, many things that can cause birth injuries, human error is too often the main cause. Medical personnel can:

• Use improper or excessive force to deliver the baby.
• Use forceps and/or a vacuum extractor improperly.
• Fail to order a caesarean section when it is appropriate and/or needed.
• Fail to notice signs of fetal distress.
• Fail to notice problems with compression of the umbilical cord.
• Make mistakes in medications, including those used in epidurals.

If you have any questions about what caused your child's birth injury, don't rely solely on the medical personnel involved in the birth itself. The information you get may be incorrect or misleading. It is more likely that your pediatrician will be able to give you the correct diagnosis and information.

And, if you discover that your child's birth injury was preventable, your best bet is to contact a lawyer. In Tennessee, Bailey & Greer has answers to your questions. We know the pain, anxiety, and financial hardship that a birth injury can cause. We offer compassion and caring as we handle your case. Do not hesitate to call us toll free at 888-470-9143 for a free consultation. If we can help, we will work tirelessly to represent you and your child.


Bailey & Greer represents people with birth injury claims in Tennessee and Mississippi, including Memphis, Germantown, Bartlett, Cordova, Collierville, Arlington, Lakeland, and all of Shelby, Fayette, and Tipton Counties. We have also handled cases in Arkansas, Georgia, and Missouri.