Birth Injury or Trauma
A birth injury occurs when there are complications during labor and/or delivery, usually inflicted or sustained by the baby or mother, due to neglect or a lack of care on the part of the physician or medical staff. While most birth injuries doe not result from medical malpractice, nearly one-half of the birth injuries are potentially avoidable with proper care.
Reasons for Birth Injuries
Many negative factors may affect the outcome of childbirth, most are likely due to a difficult delivery. Some of these factors are:
- Prolonged labor, including abnormal or excessive traction during delivery
- Infant size - Large for date babies (an infant over eight pounds, 13 ounces) or a very low birth weight (including extreme prematurity)
- Cephalopelvic Disproportion - The term used for a mother with inadequate pelvic size and shape, leading the mother unable to have a vaginal delivery
- Vaginal breech delivery - Occurs when an infant is turned inside the womb so that its legs are presented first during delivery
- Instrumental devices - Used by medical professionals such instruments include forceps or a vacuum extractor used to assist in the delivery
It is the physician's and his/her medical staff's job and responsibility to be alert for any possible complications during birth. Subsequent damage to the baby may occur from mild to severe cases such as minor bruising to nerve, brain, or spinal cord damage and cerebral palsey.
Medical Malpractice
Medical errors, which may support a medical malpractice suit, are:
- Failure in foreseeing birth complications -
- Delay or failure in ordering a Cesarean Section
- Misuse of medical instruments - This includes the use of forceps or a vacuum extractor during delivery.
- Failure to observe or respond to fetal distress - This includes irregularities in the fetal heartbeat or umbilical cord entrapment.
- Failure to respond appropriately and immediately to bleeding.
- Inaccurate administration of Epidural, Demerol, Stadol, Nubain, and/or Pitocin - Medications used to help reduce pain or induce/speed up labor.
- Improper or poor care of the infant after the birth resulting in injury - Such as mistakes made during circumcision or failure to properly attend to an infection.
If you or your child suffered a birth injury or trauma due to medical negligence, contact us to review all medical records and discuss your rights.
