Fractures are one of the most common birth injuries.  More likely than not, a fracture is due to the application of force to an infant by an obstetrician (OBGYN), nurse, or midwife.  That application of force, whether contraindicated (i.e., not appropriate) or excessive, could be due to medical malpractice.

The clavicle is the most frequently fractured bone during childbirth (45%).  Often times, the fracture is unpredictable and unavoidable.  Clavicle fractures are commonly associated with large babies, mid-forceps deliveries and deliveries complicated by a shoulder dystocia.  Infants with clavicular fractures typically present with pseudoparalysis.  A physical examination may reveal crepitus, a palpable bony irregularity and muscle spasm.  In severe cases, damage to the brachial plexus may also be present.  Fortunately, most clavicular fractures heal in 7-10 days.  A baby's arm may be pinned to his or her shirt to limit motion.  Surgery rarely is necessary.

Skull fractures can also occur during a delivery, although they only make up a fraction of the bone fractures during childbirth (11%).  Newborn skull fractures are usually caused by the application of mechanical forces, such as forceps or a vacuum.  Skull fractures may also be accompanied by a leptomeningeal cyst, cephalohematoma, caput and/or hypoxic ischemic encephalopathy

The trial lawyers at Bottar Law, PLLC, have decades of experience investigating, prosecuting and trying to verdict medical malpractice and birth injury cases.  If you or your baby have been injured due to medical malpractice, you, your child and your family may be entitled to compensation for lifelong health care, medical expenses, special education, medical bills, loss of income, and pain and suffering. 

To discuss your case or concerns with an experienced Central New York medical malpractice and birth injury attorney, contact us now at (315) 422-3466, (800) 336-LAWS, or by e-mail at