Legal Recourse for Prolonged Labor-Related Birth Injuries

Expectant mothers give birth to their babies through a process known as labor. How long labor and delivery take hinges on multiple factors. First-time moms typically experience longer labor before they give birth than a woman who has given birth to one or more children. However, this is not always the case, as some women go through prolonged or arrested labor even when it is not their first child. Also known as failure to progress, prolonged and arrested labor can both pose serious risks to the baby and mother that extend well beyond undue labor pains and contractions. When obstetricians and delivery room staff fail to identify or manage a failure to progress properly, it could constitute medical negligence and be grounds for a birth injury or medical malpractice lawsuit.  

What is “Normal” Labor?

Labor begins when a pregnant woman’s uterus starts contracting consistently. Her cervix begins to efface and dilate. Contractions continue throughout this process until the baby is pushed through her cervix and out of her birth canal. Generally speaking, labor comes in three stages:

• Stage 1: Stage 1 is divided into two parts. The first is when the mother begins experiencing light contractions and her water breaks. This is known as early labor. The second part is active labor. This is when the cervix starts to dilate and the contractions strengthen and intensify.
• Stage 2: The second stage begins with the woman’s cervix being completely dilated and ends with the delivery of her baby.  
• Stage 3: The third stage is the delivery of the placenta.

For a woman giving birth for the first time, an average labor can last anywhere from 12 to 18 hours. For women who have previously given birth, labor lasts an average of 8 to 10 hours.  

At any point, if labor falters (prolongs) or fails to progress as anticipated (arrests), it could result in serious harm to the mother or infant unless the medical staff takes prompt and appropriate action. 

What is Prolonged Labor?

When labor progresses more slowly than expected, it is considered prolonged. For most mothers, labor is regarded as prolonged if they have been experiencing contractions for 20 hours or more. Depending on other factors related to her pregnancy, the doctor may determine that labor is prolonged in as few as 18 hours or as many as 24. If a mother is expecting multiple births, such as twins or triplets, her labor may be considered protracted once it has passed the 16-hour mark.  

Simply put, labor that takes longer than expected but is advancing even a little is considered prolonged.  

What is Arrested Labor?

Whereas prolonged labor indicates that progress has slowed, arrested labor indicates that progress has stopped altogether.

Depending on the mother’s exact circumstances, the benchmarks for arrested labor may differ, but by and large, it signifies:

• There has been no change in the cervix for four or more hours, provided the contractions are sufficient.
• There has been no change in the cervix for at least six hours in the case of contractions that are not sufficient.  

When a mother endures arrested or prolonged labor, their baby is also in danger. These conditions can result in a reduced flow of oxygenated blood to the baby which can cause them to develop hypoxic-ischemic encephalopathy; a severe and potentially permanent brain injury that can have lifelong repercussions such as seizure disorders, cerebral palsy, cognitive disabilities, and developmental delays. Healthcare staff tending to laboring mothers, such as obstetricians, midwives, and nurses, have a duty to observe the mother closely for indications of fetal distress that could occur during prolonged or arrested labor, especially if the woman has already been deemed at risk for specific complications.  

How Do Prolonged and Arrested Labor Happen?

Some of the causes become obvious during gestation, while others do not manifest until labor begins. Some of the most common are: 

• Fetal Presentation: The ideal birthing position for a fetus is head-down, facing the mother’s spine. Labor can be arrested or prolonged if the fetus presents in another position.
• Cephalopelvic disproportion and macrosomia: Newborns weighing more than 8 pounds are often hard to deliver and may even be too large to make their way through the woman’s birth canal.
• Maternal Age and Health: Expectant mothers who are 35 and older or who are obese are often prone to arrested or prolonged labor. 
• Inefficient Contractions: In some cases, uterine contractions are not strong enough to push the fetus down into the cervix and into the birth canal.

When an expectant mother arrives at a medical facility to give birth, it is vital for her birthing team to keep her under close observation. Generally, the mother and baby are carefully monitored during the labor process. Recognizing the symptoms of fetal or maternal distress and immediately addressing them could prevent emotional and physical birth trauma. Failing to observe and act in a timely fashion can lead to life-threatening medical complications with lifelong ramifications.

Was Your Child’s Birth Injury Caused By Prolonged or Arrested Labor?

The parents of newborns with birth injuries deserve answers, and the best way to determine if you have a valid birth injury case is to meet with an attorney who specializes in birth injuries. The Dallas birth injury lawyers at Rasansky Law Firm are a team of dedicated professionals. We will begin your case by learning about you and your baby. Next, we will obtain your medical records to establish exactly what happened before, during, and immediately after labor and delivery. If necessary, we will consult experienced medical professionals who can examine your medical records and determine if medical negligence caused your baby’s birth injury. If we believe malpractice was committed, we will file a lawsuit against the responsible parties and work to get you and your baby the financial compensation you need to help cover your child’s current and future medical bills, assistive equipment and technology, at-home care, and the other costs associated with taking care of a child with cerebral palsy, seizure disorders, or brain injuries. Call us at (214) 651-6100 to schedule your free consultation.