Do you suspect your medical team missed crucial fetal distress signals that caused injury to your child? Call us for a free case review; you may have the right to compensation.
We all know that a doctor can’t guarantee a perfect pregnancy and delivery. Pregnancy and giving birth are inherently risky situations to some degree.
However, a doctor does have an obligation to monitor the health of the infant along with the expectant mother. Legally, the doctor and/or nurses are tasked with observing fetal monitoring strips for signs of fetal distress (such as a decreased heartbeat) and acting quickly to mitigate any preventable harm to the mother and child.
Toward the latter stages of pregnancy, the risk of fetal distress significantly increases, and doctors are acutely aware of this. They have a responsibility to look for signs and act accordingly if they are observed.
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The following are some of the most common causes of fetal distress.
- An umbilical cord wrapped around a baby’s neck
- An umbilical cord that becomes flat on the cervix
- A prolapsed umbilical cord
- Infection of the uterine or placental tissue
- An oversized fetus
- The baby enters into a breach position
- The wall of the uterus is breached
- The separation of the placenta from the wall of the uterus
- Misuse of Picotin, a labor-inducing drug
- Improper use of forceps during delivery
Among the most important monitoring tools that your doctor will introduce to you will be the fetal heart rate monitor and the ultrasound system. Penn State Hershey states that the fetal heart rate monitoring system can “monitor the baby’s heartbeat in the uterus, including during labor.” This type of testing can be done internally or externally and can help to prevent birth injury.
Monitoring Fetal Heart Rate and Maternal Health to Detect Fetal Distress and Meet the Standard of Care
The doctor must evaluate the fetal heart rate variability in between beats and how they compare to the uterine contractions to recognize any signs of fetal distress. Measuring the frequency and the power of these uterine contractions is also important. This is all crucial information in determining how the baby is coping with the birth process. If the unborn child is not coping well then emergency treatment will be required.
The doctor and mother will work together to watch for signs of increased blood pressure, symptoms of diabetes, or any other infection because all of these will increase the risk of fetal distress occurring. A doctor is not required to be perfect, but he or she must provide a reasonable degree of care that has been set as a legal standard by the medical industry.
Frequently Asked Questions
What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
Take Fetal Distress Seriously
Fetal distress is certainly nothing to take lightly. Even short occurrences of fetal distress can cause problems with cerebral palsy, Erb’s palsy, and shoulder dystocia. The most damaging occurrences can result in brain damage.
The American Family Physician lists some of these damaging conditions:
- Cerebral Palsy: This condition happens when an infection is present or when there is a low level of oxygen at the time of birth. This condition causes the loss of muscle control and a heavy impact on the child’s natural ability to walk or even stand in some cases.
- Hypoxia: Caused by the deprivation of oxygen to the brain and/or other tissue, this type of injury can lead to permanent brain damage, cerebral palsy, and hypoxic-ischemic encephalopathy.
- Shoulder Dystocia: Caused by the fetus getting its shoulder stuck during birth, this can cause hemorrhaging in the mother or brachial plexus palsy (such as Erb’s Palsy) in the future baby.
These are all problems that will affect you and your child for the rest of your lives most likely. The Rasansky | McKenzie Law wants to stress the fact that these problems can be minimized or avoided if a doctor takes appropriate action such as suggested by The Mayo Clinic. A doctor will usually recommend a C-section if severe fetal distress is likely to affect the child.
If the doctor fails to live up to the precedent the medical industry has set, then this is a case of medical malpractice. If your baby dies or is born with a birth injury because of medical malpractice, you may be entitled to damages.
The best thing to do is to talk to a qualified attorney who can help you build a case. Contact us today and talk to our birth injury attorneys to find out about your legal rights.
