Introduction
Birth injuries are injuries sustained by a baby during the labor and delivery process. While some birth injuries are unavoidable due to the natural complexities of childbirth, others may result from medical negligence or errors. When medical professionals fail to follow the proper standard of care, it can lead to significant harm to both the mother and the baby. Understanding the causes of birth injuries, the types of damages you can claim, and the steps to take if you suspect negligence is crucial in protecting your legal rights and your child’s future.
Common Causes of Birth Injuries Due to Medical Negligence
- Failure to Monitor Fetal Heart Rate
One of the most common causes of birth injuries is the failure to properly monitor the fetus’s heart rate during labor. If signs of fetal distress, such as a drop in heart rate, are not promptly addressed, it can lead to complications like oxygen deprivation, which can result in brain damage or cerebral palsy. - Improper Use of Forceps or Vacuum Extraction
Forceps and vacuum extraction are tools used to assist with difficult deliveries. However, if they are used improperly or with excessive force, it can cause physical injuries such as skull fractures, nerve damage, or brachial plexus injuries (damage to the nerves controlling the arm and hand). - Delayed or Improper Cesarean Section (C-Section)
When a C-section is necessary but delayed, it can lead to birth injuries such as hypoxia (lack of oxygen) or brain injury. A failure to perform an emergency C-section in a timely manner can cause long-term neurological impairments. - Failure to Identify and Treat Infections
Infections during labor, such as Group B Streptococcus (GBS), can be dangerous for both the mother and the baby. If medical staff fail to diagnose and treat infections appropriately, it can lead to serious birth injuries, including sepsis or meningitis in the newborn. - Improper Handling During Delivery
Improper handling of the infant during delivery can result in physical injuries such as fractures, bruising, or nerve damage. This is especially common in cases where the baby is delivered in a breech position or through a prolonged labor.
Scenario-Based Examples
- Example 1: Failure to Monitor Fetal Distress
Karen, a 29-year-old woman, was in labor for over 12 hours. Throughout her labor, her healthcare providers failed to closely monitor the baby’s heart rate, missing signs of distress. Eventually, Karen’s baby was born with severe brain damage due to oxygen deprivation. An investigation revealed that if the doctors had taken timely action, such as performing an emergency C-section, the injury could have been prevented. Karen filed a birth injury lawsuit against the hospital and doctors, seeking compensation for medical bills, pain, and suffering. - Example 2: Improper Use of Forceps
During delivery, Maria’s doctor used forceps to assist with a breech birth. However, the doctor applied too much force, resulting in a brachial plexus injury that left Maria’s baby with limited mobility in one arm. After consulting with a birth injury lawyer, Maria learned that the use of forceps was not only unnecessary in her case but also improperly executed, leading to the baby’s permanent injury. - Example 3: Delayed C-Section
Amy’s labor became complicated, and her baby was showing signs of distress. Despite repeated signs that an emergency C-section was necessary, the medical team delayed the procedure. The baby was born with hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation. Amy filed a medical malpractice lawsuit against the hospital, claiming that the delay in the C-section caused her baby’s permanent brain damage.
Who’s Liable for Birth Injuries Caused by Medical Negligence?
If your child has suffered a birth injury due to medical negligence, it’s important to understand who may be held liable. Medical professionals who may be responsible for birth injuries include:
- Obstetricians
Obstetricians are responsible for monitoring the health of both the mother and baby throughout pregnancy and delivery. They may be liable if they fail to detect complications, improperly handle the delivery, or make mistakes in performing a C-section. - Nurses and Midwives
Nurses and midwives play critical roles in monitoring the mother and baby during labor. They may be held liable if they fail to follow proper protocols for monitoring fetal health, administering medications, or assisting with delivery. - Hospitals
Hospitals can be held vicariously liable for the actions of their medical staff if they failed to implement appropriate safety procedures or failed to supervise staff properly. Hospitals may also be held responsible if they don’t provide adequate training or resources to avoid preventable birth injuries. - Anesthesiologists
If an anesthesiologist makes a mistake during labor, such as administering the wrong dosage or failing to monitor the mother’s response to anesthesia, they can be held liable for resulting birth injuries.
How can we assist?
Birth injuries caused by medical negligence can have lifelong consequences for both the child and the family. If you suspect that your child’s injury was the result of medical malpractice, it’s crucial to seek legal advice. By understanding the causes of birth injuries and the legal options available, you can take the necessary steps to pursue justice and secure the compensation your family deserves.
The medical negligence lawyers at InjuryFromHospital.com are highly skilled in litigating medical malpractice claims across the country. The firm has the resources to take any medical malpractice case to trial. Additionally, the firm has an in-house board-certified OB-GYN doctor that reviews all medical malpractice cases and works collaboratively with the lawyers to develop appropriate case strategy.
Please contact us at 1 855-538-0863 today for a free consultation. If we accept your case, you will not be charged any fees unless we win or recover for you. NO WIN NO FEE!