While we generally assume and trust medical professionals to provide quality healthcare and protect our wellbeing, the unfortunate reality of medical malpractice still exists. When the actions of a negligent medical professional or healthcare provider causes you to suffer an unexpected injury during the labor and delivery process, you have the right to file a medical malpractice claim to seek compensation.
What Is A Birth Injury?
A birth injury is an injury that occurs to a newborn baby or mother during the childbirth process. These injuries can be caused by a variety of factors, such as a difficult delivery, the size or position of the baby, or the use of medical instruments during delivery. Birth injuries can range from mild to severe and can affect various parts of the body, including the brain, nerves, bones, and muscles. Common birth injuries include bone fractures, nerve damage, and brain damage. Depending on the severity of the injury, some can result in life-long health conditions or disorders.
Common Types of Birth Injuries
Various types of birth injuries can occur to both the mother and the baby during labor and delivery.
Childbirth Injuries to Baby
Some of the common birth injuries that can affect a baby during childbirth include:
- Brachial plexus injuries: These are injuries to the nerves in the shoulder and arm that can occur when the baby’s shoulder becomes stuck during delivery.
- Cerebral palsy: This is a group of disorders that affect movement, balance, and posture. Cerebral palsy is a lifelong condition that can be caused by abnormal brain development or varying forms of brain damage during birth.
- Bone fractures: These types of injuries can occur in the baby’s collarbone or other bones during a difficult delivery.
- Caput succedaneum: This injury is the swelling of the baby’s scalp that can occur as the baby passes through the birth canal.
- Facial nerve injuries: These nerve injuries can occur during childbirth and may cause facial paralysis or weakness.
- Subconjunctival hemorrhage: This is when bleeding in the baby’s eye occurs during delivery.
- Hypoxic-ischemic encephalopathy: HIE is a type of brain damage injury that occurs when the baby does not receive enough oxygen during delivery and can result in long-term health conditions.
Childbirth Injuries to Mother
Childbirth can result in some inevitable injuries, however improper medical care can also be a factor which can cause more severe birth injuries to a mother. These can include:
- Perineal tears: Tears in the area between the vagina and the anus can occur during vaginal delivery, and can range in severity from first degree (minor) to fourth degree (more severe).
- C-section complications: C-sections are major surgical procedures which carry a higher risk of complications compared to vaginal births. Some potential complications with these procedures can include infection, blood loss, and injury to surrounding organs.
- Pelvic floor injury: The pelvic floor muscles can become stretched or torn during childbirth, leading to problems such as urinary complications or inability to control bowel movements.
- Postpartum hemorrhage: This type of injury after childbirth is when excessive bleeding occurs, often due to the uterus not contracting properly.
- Prolapse: A condition where one or more pelvic organs (such as the bladder, uterus, or rectum) descend into the vaginal canal. This injury can occur as a result of damage to the pelvic floor muscles during childbirth.
Types of Medical Malpractice Causing Birth Injury
While not all birth injuries are preventable, proper medical care from an experienced professional can reduce the risk of a baby and mother suffering from birth injuries. When medical negligence occurs during labor and delivery, the risk for serious and even life-threatening injuries can impact both the mother and baby. Common types of medical malpractice which can cause birth injury include:
Failure to Detect or Respond to Fetal Distress
Medical professionals have a duty to monitor the fetal heart rate and respond appropriately to signs of distress. When a medical professional fails to diligently monitor and respond to the fetus, it can result in serious birth injuries, such as brain damage, cerebral palsy, or stillbirth.
Improper Use of Medical Instruments
The improper use of forceps, vacuum extractors, or other medical instruments during delivery can cause birth injuries, including nerve damage, fractures, and brain injuries. When a medical professional misuses forceps or vacuum extractors, the mother can suffer from injuries such as perineal tears, pelvic floor damage, or nerve damage.
Delayed or Improper Delivery
Medical professionals must make timely and appropriate decisions regarding delivery, including performing a C-section if necessary. Delayed or improper delivery can cause serious birth injuries, such as oxygen deprivation, brain damage, and cerebral palsy. If a medical professional fails to perform an emergency C-section when it is medically necessary, it can result in injuries and complications for both the mother and baby.
Failure to Diagnose or Treat Maternal Infections
If a medical professional fails to diagnose or treat a medical condition during pregnancy or childbirth, it can result in injuries to the mother. For example, failing to diagnose or treat pre-eclampsia can lead to serious health complications such as seizures, stroke, and organ failure/damage. Maternal infections, such as Group B strep or chorioamnionitis for example, can cause serious harm to the baby if left untreated. Negligent medical professionals who fail to uphold their duty to diagnose and treat these types of health conditions promptly can risk the health of the mother and baby.
Administering Improper Medication or Anesthesia
Medical professionals must take into account the potential risks before deciding to administer medication to a pregnant mother. Administering improper medication has the risk of harming the baby, resulting in potential birth defects or developmental delays. Medication errors are a form of medical malpractice when a doctor or nurse administers the wrong medication or an incorrect dose. Anesthesia errors are a similar form of medical malpractice when an anesthesiologist improperly uses anesthesia during labor and delivery. Both of these medical errors can cause health complications such as cardiac arrest, stroke, blood clots, or nerve damage.
Failure to Properly Communicate with the Patient
Medical professionals must inform patients of the risks and benefits of different delivery methods, procedures, and treatments. Failure to properly communicate can result in serious harm to the baby and mother, such as unnecessary exposure to health risks or complications, if pre-existing medical conditions are not taken into account by a doctor.
Who Is Liable For a Birth Injury?
In cases of birth injuries caused by medical malpractice, the liable parties can vary depending on the specific circumstances. Generally, healthcare providers such as doctors, nurses, and hospitals can be held responsible for the injuries if they failed to provide the appropriate standard of care during the baby’s delivery. Additionally, pharmaceutical companies may also be held liable if a medication they produced caused harm to the mother or child. In some cases, medical device manufacturers may also be held responsible if a birth injury resulted because of a defective medical device.
The experienced medical malpractice attorneys at Barry D. Lang, M.D. & Associates handle complicated medical malpractice claims and understand cases in which multiple parties may be held liable for injuries. Consulting with a specialized medical malpractice attorney can help you determine who can be held liable in your specific case. It’s important to note that not all childbirth injuries are caused by medical malpractice, however if a negligent medical provider is responsible for the injuries you or your baby suffered, getting legal representation can help you recover compensation.
