While childbirth is often a time of joy and anticipation, it also carries significant risks and challenges. When a mother or baby suffers birth-related injuries or trauma, the experience can quickly become overwhelming. Unfortunately, the burden of these outcomes falls disproportionately on minority communities.
Statistics show that minority patients face higher rates of complications and poorer maternal care. This disparity underscores a pressing issue: the fight for equal, high-quality care for all patients, regardless of race or socioeconomic status. For birth injury attorneys, this means not only seeking justice for affected families but also advocating for systemic change in maternal healthcare.
In this article, we’ll discuss types of birth injuries, disparities in care for minority mothers, and how legal action can help turn the tide for patients now and in the future.
Understanding Birth Injuries
A birth injury is any physical or brain-related injury sustained during or after childbirth. Though some signs of birth injuries are immediate, some take several years to appear.
Some of the common types of birth injuries include:
- Cerebral Palsy (caused by brain development issues or trauma during birth)
- Brachial Plexus Injuries (nerve damage that affects movement or strength in the baby’s arms)
- Hypoxic-Ischemic Encephalopathy (HIE) (brain damage due to oxygen deprivation)
- Fractured Bones or Skull Injuries during delivery
- Facial Nerve Damage resulting in temporary or permanent paralysis
When it comes to birth injuries, it’s important to know that not every injury is caused by medical professionals, and not all injuries are preventable. However, a qualified birth injury attorney can help you figure out if you have a case of medical malpractice.
The Disparities in Maternal and Infant Health Outcomes
In the United States, maternal and infant disparities are deeply concerning. According to the CDC, African American mothers are three times more likely to die from pregnancy-related complications than caucasian mothers. This is also true among other minority groups.
When it comes to birth injuries, both babies and mothers face increased risks, and minorities are affected disproportionately. Some of these systemic issues include:
- Limited Access to Quality Prenatal Care: March of Dimes describes areas without proper access to healthcare or prenatal care as “maternity care deserts.” In these deserts, women have to travel farther to receive care, significantly increasing the risk of adverse maternal outcomes and NICU admissions. Many minority families are not only in physical care deserts, but also lack access because of time and monetary constraints.
- Healthcare Provider Bias: Studies show that minority mothers are less likely to have their symptoms taken seriously and more likely to experience outright discrimination. Whether intentional or not, dismissing these concerns can result in delayed or poor care, increasing the risk of birth injuries.
For mothers and families that experience these struggles, the issues are more than just statistics. They are experiences that leave lasting damage, physically and emotionally.
The Role of Implicit Bias in Medical Negligence
While not every mother experiences discrimination, everyone, including medical professionals, experiences implicit bias. This unconscious attitude or stereotype can impact the level of care and decisions made for expecting mothers. Some of these effects can include:
- A healthcare provider dismisses an African American mother’s report of severe pain, assuming she is exaggerating or that she might misuse pain medication.
- A doctor may judge that a lower-income pregnant patient won’t follow through with a specific treatment plan, and doesn’t explain all her available options.
- A minority family’s concerns might be dismissed or avoided in a hospital, leading to delays in care or critical interventions.
Though this bias may be unconscious, it doesn’t have to be intentional to cause harm. Protecting minority mothers and babies is an essential way to change a system that overlooks or undervalues the needs of all patients.
How Legal Action Can Drive Accountability and Change
Mothers and families who are affected by birth injuries can often feel powerless. But pursuing legal action can help restore some control. When you hire a birth injury attorney, it can not only help your family secure compensation for medical care, but also push medical providers and hospitals to improve care.
Accountability is a catalyst for change. Pursuing a medical malpractice case sends a message that every patient—regardless of their racial or socioeconomic background—deserves the best medical care possible.
How We Support Families Affected by Birth Injuries
At G. Eric Nielson & Associates, we have extensive experience in handling birth injury cases for individuals from all different backgrounds. Navigating the aftermath of a birth injury can be overwhelming, but you don’t have to do it alone. Our birth injury attorneys can help your family by providing:
- Expert Guidance and Resources tailored to your case.
- Access to Medical Experts who strengthen the credibility of your claim.
- Compassionate Representation and equitable outcomes for all our clients.
We believe that every family, regardless of their background, deserves to be heard and supported. If your family has been impacted by a birth injury, schedule a free consultation with our experienced team today. You and your case matter, and we’ll fight for you.