Have you had to undergo prolonged labor due to medical negligence? Our birth injury lawyers at Rasansky | McKenzie Law are available to offer support and help you file a claim.
Childbirth can be a life-changing experience for a mother. It can often be simple, with your baby arriving pretty quickly in the world. However, there are also cases where labor can take up the whole day. This would mean more than 24 hours of intense pain and misery for you and your unborn baby. The emotional and mental stress that the family goes through because of Prolonged Labor is unimaginable.
What is Prolonged Labor?
Prolonged labor happens when the labor process takes more than the expected time. It might take mothers as long as 18 to 20 hours to give birth. Longer than that would mean “failure to progress,” and the case now needs extra attention.
Medically speaking, it is called “labor dystocia.” Specialists know that a regular case has gone into “failure to progress” when:
- It has been 20 hours since labor started
- There is a delay in the dilation of the cervix
- The mother has been pushing for the baby to come out for more than 2 hours
- Weak contractions
What are the Reasons for Prolonged Labor?
There can be various reasons why a mother ends up in prolonged labor. They can be linked to either the mother or even the baby. Some of the most common reasons for prolonged labor include:
- The size of the baby
- The birth canal is too small for the baby to pass through
- The mother delivers more than one child
- The mother is stressed or exhausted
- The baby not being in an ideal position (normally, the head should be towards the pelvis, and the body of the baby should be facing the mother’s back)
How is the Mother at Risk?
Giving birth is a life-altering moment for any woman. She deserves to have a positive experience. Unfortunately, mothers often have to go through a traumatic experience due to complications. Women who go through a negative birth experience are at a higher risk of getting postpartum depression (PPD), among other issues, such as:
- Emotional Distress
- Postnatal Post-Traumatic Stress Disorder (PTSD)
- Infection
- Urinary Retention
- Hematoma
- Ruptured Sutures
All of these come with risks. Women who have gone through prolonged labor are 13% more likely to have a negative birth experience.
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How is the Baby at Risk?
It is not just the parents who go through the traumatic experience. The baby, who is only just getting introduced to the world, also suffers in the mother’s womb. This precious human life is at risk during birth in case of failure to progress. The risks involved can be:
- Deprivation of oxygen
- Infection
- Stillbirth
- Fetal Distress
- Cerebral Palsy
As is the case with mothers, all these issues bring more risks for babies as well.
How Should Healthcare Professionals Deal With Prolonged Labor?
Doctors need to be attentive and manage expecting mothers by monitoring labor levels carefully. Immediate action can help save the mother and the baby. Many a time, prolonged labor can be life-threatening, and a quick response can help solve problems.
Potential Treatments
Healthcare professionals treat prolonged labor in several ways:
- Cesarean delivery can be a safe alternative, depending on why the labor process is going slowly. Doctors opt for this in most cases. As discussed, prolonged birth can lead to significant problems. Specialists go for this option to eliminate the associated risks.
- If the baby is stuck in the birth canal, doctors might opt for assisted vaginal delivery to help the mother. Often, a vacuum or forceps are used to pull out the baby. This procedure can be risky.
- Doctors often speed up the labor process by giving a hormone called Oxytocin. It helps induce labor by stimulating uterine contractions.
Failure to Provide Effective Treatment
Treatments for prolonged labor are used according to the way the patient is responding. The type of treatment selected also depends upon the stage of labor the mother is at.
A healthcare professional might, in some cases, fail to administer these treatments because:
- They might not have monitored the mother and the baby closely.
- In the case of an assisted vaginal birth, they may have failed to use the appropriate tools properly and caused brain damage to the baby. If the tools had not been properly sterilized, they might have caused an infection for both mother and baby.
Besides this, making the right decision at the right time can save the mother and the baby from a great deal of pain. For instance, if a doctor chooses to treat the mother with Oxytocin early, she might not have to opt for a Cesarean delivery and could have given birth naturally. Similarly, choosing a Cesarean later on in the labor process can cause the baby fetal distress, amongst other problems.
Failure to provide timely treatment is considered medical negligence, and you can file a legal claim against the healthcare professional.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider puts a patient at risk in their professional capacity.
Healthcare professionals need to exercise great care in everything they do. Overlooking factors that might appear small can result in patients experiencing unnecessary pain.
Can Parents Sue Doctors for Medical Malpractice?
Yes, depending on the circumstances, parents have the right to sue the doctor or medical facility for medical malpractice for birth injuries. Although doctors are required to take the Hippocratic oath before being inducted into the field of medicine, some of them have a tendency to be irresponsible. Healthcare is a risky field where professionals have the lives of their patients in their hands and should act with extreme caution before taking any steps that may put these lives in danger.
Contact our prolonged labor attorney to file a claim and seek compensation if you’ve had a traumatic experience involving prolonged labor. At Ransasky Law Firm, we have the most competent and experienced lawyers in Dallas to help you.
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.
Key Takeaways
Expectant parents put an immense amount of trust in their healthcare providers. They spend months browsing through lists, having discussions, and deciding on a specialist whom they can completely depend on in their vulnerable moments. However, sometimes, professionals tend to skip over the crucial details and fail to take care of a mother and her baby, leading to disastrous consequences. Some may even be reckless and negligent to the needs of their patients.
In such cases, the birth injury lawyers at Rasansky | McKenzie Law in Dallas, Texas, are available 24/7 for parents to help get possible compensation for the trauma they have had to endure. Contact our birth injury lawyers anytime for a free consultation.
Speak With a Dallas Birth Injury Lawyer For Free
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so with no up-front cost to you. Call us 24/7 at (214) 651-6100.
