It is important to understand what types of injuries can happen when a medical error occurs. When a physician, nurse, or other healthcare professional does not act in their patient’s best interest, which in childbirth includes the child and the mother, lifelong injuries are often the result.
If you suspect that your newborn baby was injured by a healthcare provider during the childbirth process, it is vital that you fully understand your rights. Working with an experienced Dallas birth injury lawyer can ensure you receive the financial compensation to which the law entitles you, enabling you to provide the best care possible for your child. Schedule a free consultation with a Dallas birth injury attorney at Rasansky | McKenzie Law by calling (214) 651-6100 today.
What Is a Birth Injury?
Birth injury is the name given to any type of physical injury sustained by an infant before, shortly after, or during delivery. It is not uncommon for newborns to experience minor injuries that heal without the aid of any medical treatment during the birthing process. There are also some moderate birth injuries that can be mitigated through the use of proper and immediate medical care. Unfortunately, some birth injuries are so severe that there is no remedy. Children impacted by these could be disabled for the rest of their lives. Fetal distress ramifications are serious and can lead to lifelong struggles or even death. If you feel your baby’s birth injury was due to a medical error, you should strongly consider taking legal action to obtain the compensation you need for your child’s medical care.
Birth Injuries v. Birth Defects
Birth injuries and birth defects are not interchangeable terms. The most significant difference between the two is the manner in which they develop.
Birth Defects
Birth defects generally develop while the baby is still in utero. The Centers for Disease Control and Prevention reports that a birth defect usually forms within the first trimester of pregnancy. Factors such as maternal health conditions, family medical history, smoking, and drug, or alcohol use can increase the odds of a birth defect developing.
Birth Injuries
Birth injuries occur before, immediately after, or while a baby is being born. For instance, if a newborn sustains head trauma caused by the application of too much force during delivery, he or she could experience a birth injury.
Are Birth Injuries Always Caused by Medical Malpractice?
Birth injuries can be the result of a variety of factors, such as maternal health issues, fetal health issues, or external conditions, such as medical negligence or medical malpractice.
Maternal Risk Factors
- Infection
- Diabetes
- Pelvis shape
- Obesity
Fetal Risk Factors
- Breech birth
- Ischemia (decreased blood flow)
- Infection
- Hypoxia (oxygen deprivation)
Medical Malpractice
It is sometimes the case that birth injuries are the result of medical negligence committed by a medical professional. Physicians, midwives, nurses, and other healthcare workers can be negligent in their care, which can easily injure a delicate infant.
Medical Malpractice and Birth Injuries
Birth teams are trained on the proper way to respond to any emergency that could potentially arise during delivery. They have to make split-second decisions and address any risks to the child or mother. Sadly, there are some healthcare professionals who do not maintain the accepted standard of care and cause injuries that could have been avoided.
What Types of Medical Malpractice Can Cause Birth Injuries?
Some examples of birth injuries that could be considered medical malpractice include:
Complications During C-Sections
C-section injuries take place when a physician performs a cesarean section using unsafe methods. This leads to complications that can impact both the newborn and the mother. In some cases, the attending obstetrician might fail to perform an emergency C-section even though it would have been the safest way to deliver the infant.
Complications With Forceps Delivery
A common assistive delivery tool, forceps, resembles an oversized pair of kitchen tongs. They are occasionally used during vaginal deliveries, usually if labor stalls.While most deliveries that involve forceps are completely successful and without incident, using them incorrectly can injure the baby. When complications with the use of forceps arise, it can result in serious birth injuries, such as seizures and bleeding in the newborn’s skull.
Complications With Vacuum Extraction
Some obstetricians use a vacuum extractor to assist them in the event that the baby gets stuck in the mother’s birth canal.A vacuum extractor is attached to the infant’s head and creates a suction force that lets the physician gently guide the newborn out of the birth canal as the mother pushes. In some cases, complications associated with a vacuum extraction can cause severe injuries, such as:
- Brain bleeds
- Skull fractures
- Shoulder damage
A doctor should only use a vacuum extractor to assist in the birthing process if it is the safest option.
Wrongful Birth
Wrongful births happen when a physician fails to disclose to the mother any known pregnancy complications and risks that could cause their unborn child to develop medical problems or disabilities. Failing to detect a genetic condition or birth defect before the baby is born is also a form of wrongful birth.In these instances, a family might be eligible to bring a birth injury lawsuit for the expenses associated with rearing and caring for their child.
Other Common Causes of Birth Injuries
Part of what makes pinpointing the precise cause of a birth injury so challenging is the multitude of potential contributing factors. Some additional examples of situations that can lead to birth injuries other than those listed above include:
- Failing to diagnose a medical condition in the baby or mother
- Failing to identify fetal distress
- Administering incorrect medication to the mother
- Applying excessive force during delivery
Did Medical Malpractice Cause My Child’s Birth Injury?
There is a range of medical errors that could constitute malpractice, and they can occur during any stage of the delivery process. A physician’s care, or lack thereof, could lead to permanent injury and lifelong disability for your child. The Dallas birth injury attorneys at Rasansky | McKenzie Law have been achieving successful outcomes in birth injury and medical malpractice cases for more than three decades. If you would like to speak with a member of our legal team about your potential birth injury case, call (214) 651-6100 to schedule your free consultation today.