Judge Reveals the Most Common Birth Malpractice Errors

By TopClassActions | November 25, 2013

Category: Pharmaceuticals

By Jessica Tyner

Medical Malpractice Birth Injury Lawsuit

Kathleen Michon, JD, has seen a lot of medical malpractice cases in her career. Medical malpractice can lead to birth injuries like cerebral palsy — and even infant death. However, Michon is quick to point out that some malpractice mistakes are more common during the birth process than others. She says that medical malpractice is defined as a patient being harmed by a doctor, nurse or other medical professional when that professional doesn’t provide “proper health care treatment.”

As a lawyer and judge, Michon also points out that “just because a doctor made a mistake or a patient was unhappy with a course of treatment or its outcome, that doesn’t mean malpractice necessarily occurred.” To legally be considered malpractice, negligence has to have occurred. Michon says that a misdiagnosis or delayed diagnosis makes up the bulk of malpractice birth injury complaints she’s seen. Maybe a physician doesn’t notice a serious disease when a child is born, or a misdiagnosis occurs, preventing the patient from getting the treatment he or she needs.

Michon says the avenue for proving negligence in medical malpractice cases involves comparing what the doctor did or didn’t do to what other doctors would have done in the same instance. If it’s shown that competent doctor wouldn’t have made that same error, proving malpractice becomes a lot easier.

When it comes to birth injury complaints, brain injuries, fractured bones, Erb’s and Klumke’s palsy are the most common. Brain injuries that occur at birth often include cerebral palsy and seizure disorders. Other types of palsy, such as Erb’s and Klumpke’s, are often caused by nerve damage in the arms and hands. However, all of these conditions can also be caused by things other than medical malpractice.

For example, negligent prenatal care may be to blame — this can include failure to diagnose the mother’s medical condition (such as anemia), failure to pinpoint ectopic pregnancies, and failure to diagnose a disease a mother may pass onto her child (like genital herpes). On the other hand, malpractice during childbirth does happen. Perhaps a doctor doesn’t expect birth complications, doesn’t respond quickly enough to distress signals, doesn’t order a C-section when that’s the best choice, or doesn’t appropriately use forceps.

There are endless scenarios that might cause problems during childbirth, and medical professionals are expected to use their knowledge to make the best choice for mother and child. When a newborn goes without oxygen even for a few minutes, it can cause permanent brain damage. Mothers aren’t always aware of what’s happening during childbirth and depend on their doctors and other professionals to make the best, safest decisions for their child. The foundation for birth injury lawsuits is that staff simply didn’t do what was expected of them during birth.

Special Cases

Michon points to a 2006 study that reveals medication errors alone hurt about 1.5 million people per year. These medication errors can include the wrong dosage or prescription being given to newborns. Nurses may administer medications incorrectly even if a doctor prescribes the correct drug. Other medication errors can include equipment that malfunctions, such as a defibrillator.

Anesthesia errors are also a big risk — a tiny miscalculation by an anesthesiologist during a C-section can hurt both mother and child. Anesthesia errors can happen when an anesthesiologist doesn’t properly investigate a patient’s history, doesn’t inform the patient of protocol before surgery, doesn’t give the right amount to a patient, uses defective equipment or fails to monitor vital stats correctly.

Finally, surgery errors can also occur during the birthing process. Maybe a surgeon is negligent with the actual operation and punctures an organ, leaves instruments in the body or otherwise doesn’t perform a competent surgery. The nursing staff may also be negligent when it comes to post-op care, which can also be considered malpractice leading to a birthing injury.

Was Your Baby Hurt By Medical Malpractice?

Was your baby harmed during the birthing process and you suspect malpractice? If this happened to your child, you may qualify for a birth injury legal claim. You can find out more about what to do next by visiting the Birth Injury Class Action Lawsuit Investigation right now. Once you submit your information, an attorney will contact you if you have a case for a free birth injury claim review.

All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.

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