Common Forms of Negligence in Labor And Delivery
You can only recover following a birth injury if you can sufficiently prove that a medical professional was negligent in some way. This means that the doctors did not meet the standard of care required by medical professionals in their positions. Doctors and medical staff can be negligent in many ways throughout the labor and delivery process, including the following:
- Failing to diagnose and manage dangerous conditions in the mother that may cause complications during delivery;
- Not providing adequate prenatal care;
- Misdiagnosing false labor and sending the mother home;
- Administering drugs to which the mother has an allergy;
- Not properly monitoring the vital signs of both baby and mother throughout the process;
- Not performing an emergency C-section when necessary;
- Misuse of forceps, vacuums, or other birthing tools;
- Improper twisting or pulling of the baby;
- Not recognizing when the newborn child is in distress and administering neonatal care;
- Failing to monitor the mother following a birth for signs of hemorrhaging or other dangerous conditions.
Failing to provide emergency care if vital signs are concerning;
Common Birth Injuries
- Brain damage from trauma or lack of oxygen (Cerebral Hypoxia and Anoxia);
- Cerebral palsy;
- Erb’s palsy;
- Joint dysfunctions and bone-development impairments;
- Wrongful death
The above are only some of the many different birth injuries that can have long-term financial, physical, and emotional effects on your child and family. Some birth injuries can require life-long medical care and personal assistance.
Common Serious Birth Defects
There are many different types of possible birth defects, some of which include the following:
- Anencephaly;
- Cardiovascular defects;
- Cleft palate and/or cleft lip;
- Down syndrome;
- Encephalocele;
- Eye defects;
- Gastrointestinal defects.
- Other chromosomal anomalies;
- Musculoskeletal defects;
- Spina bifida
While some birth defects can be partially or completely corrected by surgery, others are not treatable and a child live with the challenges of the defect their entire life. Parents may also be responsible for ongoing medical care and assistance for the child.
Failure to Diagnose Birth Defects
In some cases, a birth defect may be so severe that parents may make the extremely difficult decision to terminate the pregnancy. This can avoid health risks to the mother, unnecessary pain and suffering of the child, and more. Medical professionals should carefully screen for birth defects as part of a mother’s prenatal care.
If a medical professional should have identified a severe birth defect and failed to do so, parents may be able to hold the doctor liable for their unnecessary losses by filing a medical malpractice claim. If you want to discuss whether you may have a malpractice claim involving your child’s birth defect, please call to discuss your case today.
How We Can Help
At the Johnston Law Firm, our highly experienced medical malpractice attorneys understand how frightening and devastating a birth injury can be for your family. If your family has incurred financial losses or if your child has suffered long-term effects as the result of a birth injury, we will stand up for your rights to hold your doctor or medical professional liable for their malpractice. Our birth injury attorneys know you are going through a difficult time, but it is important to have a case evaluation as there are time limits to file a claim. Please call today at (503) 546-3167 for a free initial consultation.
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