How Is Medical Malpractice Linked to Skull Fractures?

Last Updated on January 12, 2025 by Michelle Wan

Skull fractures in newborns are a serious and often preventable type of birth injury. While some fractures may occur due to unavoidable complications during delivery, others result from medical negligence or errors. Medical malpractice linked to skull fractures can cause long-term physical, cognitive, and emotional consequences for the baby and their family.

In this article, we’ll explore the causes of skull fractures in newborns, how medical malpractice contributes to these injuries, and the legal options available to families affected by negligent care.

What Are Skull Fractures in Newborns?

A skull fracture occurs when a newborn’s fragile skull is subjected to excessive force during labor or delivery. The severity of the fracture depends on its type:

1. Linear Fractures: These are simple cracks in the skull, usually less severe and may heal without surgery.
2. Depressed Fractures: Portions of the skull are pressed inward, potentially causing pressure on the brain and requiring surgical intervention.
3. Compound Fractures: These involve a break in the skin over the skull and carry a higher risk of infection.

Common Causes of Skull Fractures

While skull fractures can sometimes result from unavoidable circumstances, many cases are linked to preventable errors, such as:

Improper Use of Delivery Tools

• Forceps and Vacuum Extractors: These tools, when used incorrectly or with excessive force, can cause fractures by applying too much pressure to the baby’s skull.

Delayed or Prolonged Labor

• Prolonged labor increases the likelihood of complications, including excessive stress or pressure on the baby’s head.

Mismanagement of Fetal Position

• Failing to address an abnormal fetal position, such as breech or transverse lie, can increase the risk of injury during delivery.

Inadequate Monitoring During Labor

• Failing to monitor for signs of fetal distress or complications may lead to delayed interventions, increasing the risk of birth trauma.

Rough Handling During Delivery

• Excessive or improper physical manipulation during delivery can cause skull fractures, particularly in cases of shoulder dystocia or other emergencies.

How Is Medical Malpractice Linked to Skull Fractures?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in preventable harm. Several scenarios connect medical malpractice to skull fractures during delivery:

Failure to Anticipate Risks

• Negligence: Providers who fail to recognize or address risk factors like fetal macrosomia (a larger-than-average baby), cephalopelvic disproportion (CPD), or maternal health conditions may put the baby at unnecessary risk of injury.

Improper Use of Delivery Techniques

• Tool Misuse: Excessive or inappropriate use of forceps or vacuum extractors can lead to fractures. Medical staff must be adequately trained and apply these tools with precision and care.
• Excessive Force: Pulling or twisting the baby’s head during a complicated delivery can cause fractures.

Delayed Decisions

• Prolonged Labor: Failing to perform a cesarean section in a timely manner when complications arise can increase the risk of trauma.
• Ignoring Signs of Distress: Delays in responding to abnormal fetal heart rate patterns or other signs of distress may result in emergency situations where the baby’s skull is more vulnerable to injury.

Lack of Communication Among Medical Staff

• Poor coordination and miscommunication during delivery can lead to mistakes in handling the baby, increasing the likelihood of fractures.

Inadequate Post-Delivery Care

• Failure to diagnose and treat a skull fracture promptly can exacerbate the injury and lead to additional complications, such as brain damage or infections.

Long-Term Consequences of Skull Fractures

The long-term effects of skull fractures depend on the severity of the injury and whether it was treated promptly and appropriately. Possible complications include:

• Cognitive Impairments: Learning difficulties or developmental delays caused by pressure on the brain.
• Physical Disabilities: Long-term motor skill challenges, particularly if the fracture caused damage to brain tissues.
• Seizures: Increased risk of epilepsy due to trauma to the brain.
• Emotional and Behavioral Issues: Psychological effects from early brain injuries can manifest as behavioral or emotional challenges.

Legal Options for Families Affected by Medical Malpractice

If a skull fracture occurred due to medical malpractice, families have the right to pursue legal action. A medical malpractice claim can provide compensation to help cover:

1. Medical Expenses: Including hospital bills, surgeries, therapies, and follow-up care.
2. Rehabilitation Costs: Physical, occupational, or speech therapy required for recovery.
3. Pain and Suffering: Compensation for emotional distress caused by the injury.
4. Future Care Needs: For long-term medical or educational support related to the injury.

Proving Medical Malpractice

To succeed in a medical malpractice claim, your attorney must prove:

1. Duty of Care: The healthcare provider had a responsibility to provide competent care.
2. Breach of Duty: The provider failed to meet the accepted standard of care.
3. Causation: The breach directly caused the injury.
4. Damages: The injury resulted in measurable losses, such as medical bills or reduced quality of life.

How Thomas & Wan LLP Can Help

At Thomas & Wan LLP, we specialize in representing families affected by birth injuries, including skull fractures caused by medical malpractice. With decades of experience, we provide:

• Free Consultations: To assess your case with no obligation.
• Thorough Investigations: Collaborating with medical experts to determine the cause of the injury.
• Compassionate Support: Guiding families through the legal process with care and understanding.

Skull fractures in newborns are often preventable with proper care and attention during delivery. When medical malpractice leads to these injuries, families deserve justice and the resources needed to support their child’s recovery and future care.

If your family has been impacted by a skull fracture linked to medical negligence, contact Thomas & Wan LLP today for a free consultation. Let us help you secure the compensation and support your family needs to move forward.