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The possibility of a birth injury occurring during childbirth can be a major concern for both first-time and seasoned mothers alike. Birth injuries typically result from complications during the labor and delivery process, and can sometimes be caused by medical malpractice or doctor/hospital negligence.
While it is important to remember that there could be various causes for birth injuries, unfortunately there are times when the fault rests in the hands of the physician or obstetrician present at the birth. In these cases, a decision made by one of the birthing staff members could lead to the mother experiencing a prolonged and complicated labor, and could result in the baby staying in the birth canal for too long. This can lead to a variety of birth injuries, including but not limited to bruises left by forceps, facial paralysis, and brain injuries.
In cases like this, these injuries could have been prevented if the obstetrician had made a different decision or had listened to the mother. Most commonly, these birth injuries can result in a cardiac or physical deformities that can affect the baby into their adult life.
There are also a number of superficial injuries that can appear on the baby at first, but may dissipate over time.
Overview of Birth Injury Causes
Not all birth injuries are caused by medical malpractice. There are also a number of natural factors that can contribute to a birth injury.
For example, the size of the baby could be too large for the mother to deliver by herself, or the baby could be born prematurely and would need immediate medical attention; this could also include the position the baby is in, like the breech position. Another complication could be the size or shape of the mother’s pelvis, in that it may not be proportionately sound for the birth of her child. Lastly, the longer the mother’s labor is, the more likely it is for complications to arise.
However, it is important to remember that the mother is entrusting herself and her baby’s safety to the on-site obstetrician and medical staff. As such, there are a number of errors a doctor could make during the childbirth process:
- Failing to anticipate childbirth complications: Every doctor should anticipate problems, regardless of how routine the pregnancy may seem. Problems could always arise.
- Failing to respond to bleeding: This could have fatal results for the mother and child if not dealt with effectively.
- Failing to identify or respond to umbilical cord entrapment: This occurs when the infant is wrapped up in its own umbilical cord.
- Failing to respond to fetal distress: This can include failing to respond fetal heartbeat irregularities.
- Failing to order an appropriately-timed cesarean section (C-section): When the mother cannot deliver the baby vaginally, an emergency C-section could cause potential problems.
- Failing to properly use forceps or vacuum extractor: This can cause the baby to incur injuries from the obstetrician using these tools.
- Failing to administrate pitocin appropriately: Birth injuries can occur when this labor-inducing drug is injected too early or late.
Each of the scenarios mentioned above can cause the baby to develop life-long injuries, which can result in minor to major disabilities. Medical experts advise that if a mother experiences complications before the birth itself, then doctors should especially be on high alert for what may come. However, if the doctor fails to take notice of any subsequent or at-scene birth complications, it could result in a medical malpractice birth injury lawsuit.
If parents decide to take legal action, a specialized birth injury attorney will most likely want to review the mother’s and child’s medical records, especially the birth and neonatal care, and may have the files reviewed by a nurse or physician. After the appropriate paperwork is reviewed, the birth injury lawyers will determine if the parents have a valid legal claim.
Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The medical malpractice attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual birth injury lawsuit or class action lawsuit is best for you. [In general, birth injury lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.
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