Birth Injuries Legal Glossary
Many complex conditions can arise during pregnancy and childbirth, affecting the mother, the baby, or both. Injuries, diseases, complications, tests, and treatments often have technical names, as do the areas of the body that they affect. This glossary aims to provide more clarity about the terms used to describe birth injuries and related legal claims.
A
Affidavit of merit – a document provided by a medical expert with a complaint in a birth injury case, indicating that it has a valid basis
Amniocentesis – a procedure that involves removing amniotic fluid from the uterus for analysis
Amnioinfusion – a treatment for oligohydramnios and some umbilical cord problems that involves instilling a saline solution through the cervix into the uterine cavity
Amniotic fluid – the fluid that surrounds a baby in the uterus, allowing them to move and grow while protecting them from external trauma and infections
Amniotic fluid index – a test for oligohydramnios that measures the depth of fluid in four areas of the uterus and combines them
Anemia – a lack of red blood cells that may result from blood loss and require transfusions
Anencephaly – a condition when the top of the neural tube in a fetus does not properly close, causing a child to be born with an incomplete brain and skull
Apgar test – a test performed on a baby at one and five minutes after birth, which checks their breathing effort, heart rate, muscle tone, reflexes, and skin color
Apnea of prematurity – a condition among premature babies that involves pauses in breathing, often accompanied by a slow heart rate
Ataxic cerebral palsy – a brain disorder causing disruptions to balance, fine motor skills, mobility, and potentially vision and speech
Athetoid cerebral palsy – a brain disorder causing involuntary movements, problems with voluntary movement, and an inability to control muscle tone
Auscultation – listening to the heart rate of a baby with a stethoscope or similar equipment during childbirth
B
Basal ganglia – a part of the cerebral cortex in the brain that helps control voluntary movement and can affect learning
Bell’s palsy – inflammation in a facial nerve that may cause weakness, numbness, or paralysis on that side of the face
Bilirubin – a waste product formed in the liver from the process of recycling red blood cells
Biophysical profile – the combination of ultrasound imaging and a non-stress test
Brachial plexus – a group of nerves that transmit signals affecting sensory and motor functions from the spinal cord to the shoulder, arm, hand, and fingers
Bradycardia – slow heartbeat in a baby (less than 110 beats per minute)
Brain cooling – a treatment for hypoxic ischemic encephalopathy, involving cooling the brain below normal body temperature
Breech birth – a complication when the bottom or feet of the baby face the birth canal
Bronchopulmonary dysplasia – a lung disease among premature babies that may cause lung damage or a risk of infections
C
C-section – a procedure in which a doctor makes an incision in the abdomen and uterus of an expectant mother and removes the baby through the gap
Calcification – accumulation of bone deposits around a cephalohematoma
Caput succedaneum – swelling on the scalp of a child, creating a lump on the head
Cephalohematoma – a pool of blood that collects when blood vessels burst in the tissue covering the skull
Cephalopelvic disproportion – a complication when the head of a fetus is very large compared to the pelvis of the mother, which prevents the head from passing through the narrowest part of the pelvis
Cerebellum – a part of the brain that controls complex motor functions, especially balance and coordination, and can affect communication
Cerebral palsy – a permanent disability arising from damage to various areas of the brain that affect motor, sensory, and cognitive functions
Cerebrospinal fluid – a saltwater in the ventricles of the brain that protects the brain and spinal cord while bringing nutrients to the brain and removing waste
Cervical dystonia – a neurological disorder causing involuntary contractions of neck muscles
Cervix – the opening from the uterus to the birth canal
Chickenpox – a viral infection that can be transmitted from a mother to a fetus, causing congenital varicella syndrome and a risk of injuries to the brain, sight, and skin
Chorioamnionitis – an infection in the amniotic fluid that may occur when the amniotic sac breaks earlier than normal, allowing bacteria to travel from the vagina to the uterus
Chorionic villus – a tissue in the placenta that can be sampled to check for chromosomal abnormalities that may indicate birth defects
Clavicle – a bone running from the chest to the shoulder, also known as the collarbone
Complete spinal cord injury – a severed or compressed spinal cord that prevents movement below the injury site
Contingency fees – the usual fee structure for birth injury attorneys, which involves collecting a percentage of compensation recovered for a client rather than charging an upfront fee
D
Damages caps – limits on the amount of compensation that can be recovered for a birth injury
Deep brain stimulation – a treatment for cervical dystonia that involves transmitting electrical pulses through a wire into the brain
Depressed skull fracture – a fracture that creates a depression in the skull and may put pressure on the brain
Developmental delay – a failure to meet physical, mental, and emotional milestones at certain stages of growth, until about age five
Diastatic skull fracture – a fracture along a suture in the skull, which may cause the brain to escape from the skull through the gap
Discovery rule – a procedural rule that may alter the deadline for filing a birth injury lawsuit by substituting for the statute of limitations when injuries were not immediately obvious
Dyskinetic cerebral palsy – see Athetoid cerebral palsy
E
Economic damages – damages awarded to compensate a family for financial costs related to a birth injury, such as medical expenses
Electroencephalography – a record of electrical activity in the brain
Electromyography – a record of electrical activity in the skeletal muscles
Electronic fetal heart rate monitoring – a technique that involves placing a monitor on the scalp of the baby or placing an electronic band around the stomach of the mother, providing continuous and immediate information about the heart rate of a baby during birth
Endometritis – an infection in the lining of the uterus that may arise after a C-section
Endoscopic third ventriculostomy – a surgery to treat hydrocephalus that allows excess cerebrospinal fluid to drain into the bloodstream
Epidural – a type of regional anesthesia that removes sensitivity from the lower half of the body during childbirth, while allowing a mother to retain control and sensation elsewhere
Epidural hematoma – a blood clot between the inside of the skull and the covering of the brain, or between the spinal bones and the spinal cord
Epilepsy – a disorder involving recurring seizures, which may affect part or all of the body
Episiotomy – a surgical procedure to facilitate childbirth that involves cutting into the perineum to enlarge the vagina
Erb’s palsy – a condition arising from a brachial plexus injury that may cause a loss of function in an arm
Extracorporeal membrane oxygenation – a treatment for heart or lung failure caused by perinatal asphyxia, which involves transferring blood from a child into an artificial lung, increasing oxygen and reducing carbon dioxide, and transferring the blood back to the child
F
Fetal macrosomia – a baby weighing much more than average (technically, a weight greater than eight pounds, 13 ounces)
Folic acid – a nutrient necessary to properly develop the neural tube in a fetus
Fontanelles – soft areas in the skull where the sutures meet
Forceps – a handheld medical instrument with a hinge that may be used to grasp the head of a baby during a difficult birth
G
Global developmental delay – a delay that affects multiple areas of development
Glucose – blood sugar, which forms the main source of energy for the body
Glycogen – the stored form of glucose
Group B strep – a bacterial infection that is normally harmless in a mother but may cause serious conditions when transmitted to a child, such as meningitis or sepsis
H
Hepatitis B – a viral liver infection that can be transmitted from a mother to a fetus, causing a risk of liver disease and cancer later in life
HELLP syndrome – a complication involving the blood and the liver that consists of the destruction of red blood cells, elevated levels of liver enzymes in the blood, and a low platelet count
HELPERR routine – a standard set of medical protocols for resolving shoulder dystocia during labor and delivery
Horner syndrome – abnormal conditions along a nerve pathway on one side of the body that connects the brain to the face and eye
Hydrocephalus – excessive accumulation of cerebrospinal fluid in the ventricles of the brain
Hypoglycemia – excessively low levels of glucose, which can cause brain cells to die
Hypothermia therapy – see Brain cooling
Hypotonic cerebral palsy – a brain disorder involving unusually low muscle tone, which may cause problems with basic movements
Hypoxic ischemic encephalopathy – the death of brain cells when the brain of a child does not get enough oxygenated blood
Hysterectomy – a procedure to remove the uterus, which may be necessary to resolve a hemorrhage but will prevent a woman from becoming pregnant again
I
Incomplete spinal cord injury – an injury after which the spinal cord still can send messages below the injury site, preserving some control over movement
Intracerebral hemorrhage – a severe type of stroke involving bleeding in the brain
Intracranial hematoma – a blood clot that forms from damaged blood cells released in an intracranial hemorrhage
Intracranial hemorrhage – severe bleeding in the brain or under the skull
Intrauterine growth restriction – a complication when high blood pressure in the mother compresses the blood vessels carrying oxygen and nutrients to the fetus, preventing them from growing properly
Intraventricular hemorrhage – severe bleeding in or between the ventricles in the brain
J
Jaundice – an excessive accumulation of bilirubin that can lead to kernicterus
K
Kernicterus – a condition involving toxic levels of bilirubin in the brain, which may cause permanent disabilities
Klumpke’s palsy – a condition arising from a brachial plexus injury that may cause a loss of function in the forearm or hand
L
Life care plan – a strategy for meeting the needs of a child with a permanent disability, often involving therapies, medications, in-home care, surgeries, assistive devices, home modifications, education, and transportation
Light therapy – a treatment for excessive bilirubin that involves placing lights above a baby to change the shape of the bilirubin and help remove it
Linear skull fractures – straight cracks in a bone in the skull
Listeriosis – a bacterial infection that can be transmitted from a mother to a fetus, causing a risk of brain damage
Lumbar puncture – a technique for extracting and analyzing spinal fluids
M
Meconium aspiration syndrome – a complication when a child breathes their first stool into their lungs after passing it before birth
Medical malpractice - the main theory of liability in birth injury cases, which involves proving that a health care provider failed to meet a professional standard of care
Meningitis – an infection in the membranes around the brain and the spinal cord, usually caused by a pre-existing infection that traveled through the bloodstream
Miscarriage – the death of a fetus before 20 weeks of pregnancy
Mixed cerebral palsy – the concurrent presence of multiple forms of cerebral palsy
Motor cortex – a part of the brain that regulates movement by sending signals to other areas of the brain
N
Necrotizing enterocolitis – damage to intestinal tissue that may arise from a premature birth
Neonatologist – a medical specialist who focuses on caring for prematurely born children and other children with serious health conditions
Nerve conduction study – a measurement of the electrical conduction capacity and other functions of motor and sensory nerves
Nerve graft – using a nerve from another part of the body to help repair damage to a nerve
Neural tube – a structure in a fetus that eventually closes to form the brain and spinal cord
Non-economic damages – damages awarded to compensate for intangible harm caused by a birth injury, such as pain and suffering
Non-stress test – a prenatal test that analyzes how the heart rate of a baby responds to their movements
Notice of claim – a procedure for suing a government defendant that involves a shorter deadline than the ordinary statute of limitations
Nuchal cord – an umbilical cord wrapped around the neck of the baby
O
Oculosympathetic palsy – see Horner syndrome
Oligohydramnios – inadequate amniotic fluid in the uterus
P
Patent ductus arteriosus – a condition associated with premature birth when the ductus arteriosus blood vessel fails to close normally, causing a risk of excessive blood flow to the lungs and cardiovascular and respiratory complications
Perinatal asphyxia – inadequate oxygen supply for a child before, during, or shortly after birth
Perinatal stroke – stroke occurring between 20 weeks of gestation and four weeks after birth
Periventricular leukomalacia – damage to white tissue in the brain that sends signals between parts of the brain and from nerve cells to the spinal cord
Ping-pong skull fracture – see Depressed skull fracture
Pitocin – a drug administered intravenously to induce labor by triggering or increasing contractions
Placenta – an organ that forms in the uterus during pregnancy, delivering food and oxygen to the fetus
Placental abruption – the separation of the placenta from the wall of the uterus before the child is born
Placenta previa – a complication that occurs when the placenta develops relatively low in the uterus, covering or partly covering the cervix
Plasma transfusion – a treatment for excessive bilirubin in which a baby receives blood without bilirubin to replace their blood
Polyhydramnios – excessive amniotic fluid in the uterus
Post-term pregnancy – a pregnancy longer than 42 weeks
Preeclampsia – a complication indicated by high blood pressure after the 20th week of pregnancy, usually accompanied by kidney and liver problems
Premature birth – birth before 37 weeks of pregnancy
Premature rupture of membranes – a complication when the fetal membranes break before labor starts
Punitive damages – damages that go beyond compensating the victim to punish the defendant and deter others who are similarly situated
Pyramidal tracts – a part of the brain that transmits signals from the motor cortex to the spinal cord
R
Respiratory distress syndrome – a condition when fluid accumulates in the air sacs of the lungs, resulting in oxygen deprivation
Retinopathy of prematurity – an eye condition among premature babies that involves an underdeveloped retina in the back of the eye, which may cause vision problems or blindness
Rhesus disease – a complication in which antibodies in the blood of the mother attack the blood cells of the child
Rubella – a viral infection that can be transmitted from a mother to a fetus, causing congenital rubella syndrome and a risk of cerebral palsy, heart defects, and vision and hearing problems
S
Seizure – an electrical disturbance in the brain that cannot be controlled
Shoulder dystocia – a childbirth complication that occurs when the shoulder of the child gets trapped behind the pubic bone of the mother
Spastic cerebral palsy – a form of cerebral palsy that causes stiff and tight muscles and joints, leading to problems with mobility and fine motor skills
Spina bifida – a birth defect involving incomplete development of the backbone, which leaves the spinal cord exposed
Spinal cord – a tube of nerve tissues running from the brainstem to the base of the spine, sending messages from the brain to other areas of the body
Statute of limitations – the deadline for filing a lawsuit based on birth injuries
Stillbirth – the death of a fetus at or after 20 weeks of pregnancy
Stroke – the death of brain cells caused by a disruption in blood flow to the brain
Subarachnoid hematoma – a blood clot under the arachnoid mater, a membrane encasing the brain
Subconjunctival hemorrhage – ruptured blood vessels under the eyes, which create a red spot in an eye
Subdural hematoma – a blood clot caused by tears in the veins between the surface of the brain and the dura, which is the outermost layer of protection for the brain
Sutures – membranes that hold together the bone plates of the skull
Syphilis – a viral infection that can be transmitted from a mother to a baby, causing a risk of brain damage, vision and hearing problems, or death
T
Tachyarrhythmia – irregular heartbeat in a baby
Tachycardia – rapid heartbeat in a baby (greater than 160 beats per minute)
Torticollis – a condition involving a persistent head tilt to one side, linked to excessive pressure on the sternocleidomastoid muscle
Toxoplasmosis – a parasitic infection that can be transmitted from a mother to a fetus, causing a risk of brain damage and vision and hearing problems
U
Umbilical cord – a cord that carries food and oxygen from the placenta to the fetus and removes waste from the fetus to the placenta
Umbilical cord compression – a complication that can prevent a baby from getting adequate food and oxygen through the placenta
Umbilical cord prolapse – a complication occurring when the umbilical cord enters the birth canal before the baby during childbirth
Uterine rupture – a tear in the uterus from the pressure of the baby moving through the birth canal, which may cause the baby to enter the abdomen
V
Vacuum extractor – a medical device used to assist a difficult childbirth, involving a cup attached to the head of the baby and a vacuum pump that creates suction
Vasa previa – a complication involving blood vessels from the umbilical cord or placenta that extend across the cervix
Ventriculoperitoneal shunt – a surgery to treat hydrocephalus that drains excess cerebrospinal fluid through a tube from the ventricles to the peritoneal cavity
Viability – the age at which a child can survive outside the womb (usually 24 weeks of pregnancy)
W
Wrongful birth – the birth of a baby with a birth defect that should have been disclosed by the doctor to the parents so that they could have decided whether to avoid or terminate the pregnancy
