Addressing the Consequences of Medical Negligence in Birth Injuries

Medical negligence leading to birth injuries occurs when physicians, nurses, midwives, or other healthcare providers fail to uphold the medical standard of care during pregnancy or delivery, resulting in complications during the birthing process.

Healthcare providers receive years of education and are extensively trained on the proper way to respond to complications and ensure the safety of mothers and their babies. When a member of the birthing team fails to react promptly and properly to an emergency situation, it can lead to serious short-term and long-term birth injuries.

What is Medical Negligence During Pregnancy?

Medical negligence can take place before, during, or just after childbirth. Doctors can commit negligence by failing to diagnose or treat any medical complications that arise. Several conditions expose the mother and her baby to a greater risk of complications during the birthing process.

Some conditions during pregnancy that could cause complications if not properly treated are:

• Maternal Infection
• Diabetes
• Obesity
• Preeclampsia 

If left untreated, these conditions could cause severe complications during childbirth and can also lead to permanent birth injuries. Failing to treat, diagnose, or screen for these conditions could be considered medical negligence.

What is Medical Negligence During Delivery?

Numerous acts of medical negligence can be committed by a medical professional in the delivery room. Medical negligence during childbirth can involve: 

• Failure to appropriately monitor the baby’s heartbeat or identify signs of fetal distress
• Failure to treat or prevent serious bleeding or tearing to the mother
• Failure to promptly order a medically necessary cesarean section 
• The improper use of vacuum delivery devices or forceps, or neglecting to inform the mother of the potential risks
• Twisting or pulling the baby with undue force during childbirth

All of these acts constitute medical negligence and can cause severe injuries to a mother and her baby. Birth trauma stemming from medical negligence can lead to permanent brain damage.

What is Medical Negligence After Birth?

Medical negligence resulting in birth injuries can still occur even after the baby is born. Immediately after birth, doctors are required to monitor both mother and baby for any complications. Medical negligence that can take place just after birth includes:

• Failure to mitigate the loss of the mother or the baby
• Failure to treat or diagnose newborn jaundice
• Failure to properly monitor the baby’s vitals
• Failure to address any maternal uterine tears or ruptures 

If you suspect that your child’s birth injury was caused by medical negligence that occurred before, during, or right after childbirth, consult with an experienced Dallas birth injury attorney right away. 

What Types of Birth Injuries Are Caused By Medical Negligence?

Medical negligence can potentially lead to a variety of birth injuries. The type of birth injury sustained will depend on the form of negligence that took place and the severity of the damage. 

Cerebral palsy is a medical condition that is often caused by medical negligence. Any damage to the baby’s brain before, during, or just after birth can lead to cerebral palsy. The area of the brain that sustains the damage will determine the type of cerebral palsy the child develops.  

Erb’s palsy can also be due to medical negligence. Erb’s palsy develops when a baby’s brachial plexus nerves are damaged, usually due to the neck being stretched during delivery. Baby’s necks are extremely fragile, so any unnecessary stretching, twisting, or pulling on their brachial nerves could lead to Erb’s palsy. Based on the seriousness of their injury, a baby could experience a loss of movement in the affected hand, arm, shoulder, or wrist. While most are able to make a full recovery, some newborns will experience permanent medical issues caused by Erb’s palsy.

What Are the Potential Effects of Medical Negligence?

Medical negligence can result in multiple short-term problems for mother and baby. 

Short-term effects on the baby include: 

• Intrauterine fetal demise
• Brain damage
• Kernicterus
• Intraventricular hemorrhage
• Newborn jaundice
• Newborn cephalohematoma
• Spinal cord injuries
• Skull fractures
• Periventricular leukomalacia

Short-term effects on the mother include:

• Incontinence
• Blood loss
• Uterine tears
• Low or high blood pressure
• Vaginal tears

These short-term effects are treatable and do not have to cause long-term problems for the mother or baby. If left untreated, however, they can result in severe injury and even death.  

Long-term effects on the baby may include:

• Erb’s Palsy
• Brain damage
• Cerebral palsy
• Kernicterus
• Spinal cord injuries
• Other birth injuries

Long-term effects on the mother may include: 

• Incontinence
• Chronic pain

Brain damage caused during childbirth cannot be healed and will certainly have a huge impact on every aspect of a child’s growth and development. Birth trauma arising from medical negligence can cause numerous neurological, physical, cognitive, and behavioral issues that will have an impact on the rest of a child’s life. 

A traumatic birth can also influence the mother’s mental health. Mothers whose children are impacted by a birth injury caused by medical negligence often develop conditions such as anxiety, depression, or post-traumatic stress disorder. 

If any of these complications were present at the birth of your child, you may be eligible to bring a birth injury lawsuit against the liable parties. 

Did Medical Negligence Cause Your Child’s Birth Injury?

Sadly, no family expects a birth injury to happen, so many are not prepared for the medical expenses necessary for their child’s treatment. You should not be responsible for covering the costs of your child’s treatment and care for a birth injury that, in the absence of medical negligence, would not have happened. The financial compensation provided by a birth injury lawsuit will help you afford the medical treatment your child needs and deserves, and can significantly ease the financial burden and emotional stress that accompany medical negligence.

To determine if you have a viable birth injury case, contact an experienced lawyer who specializes in birth injury cases. The Dallas birth injury lawyers at Rasansky Law Firm can review your medical records, determine if negligence was committed, and file a lawsuit seeking maximum compensation on your behalf. Call (214) 651-6100 to schedule your free consultation.