The birth of a child is meant to be one of the most joyous moments in a family’s life. However, when medical professionals fail to meet their responsibilities, this celebration can quickly turn into heartbreak. Obstetrical negligence refers to mistakes or lapses in care during pregnancy, labor, or delivery that result in harm to the mother or baby. What makes these moments particularly devastating is that many birth injuries caused by obstetrical negligence are entirely preventable.
Understanding how these errors occur and knowing one's legal rights can be crucial for families seeking justice and support.
What Is Obstetrical Negligence?
Obstetrical negligence occurs when an obstetrician, nurse, or other medical professional provides care that falls below the acceptable standard of care during the birthing process. The “standard of care” refers to what a reasonably skilled and competent medical professional would do under similar circumstances.
When this standard is not met, the consequences can be catastrophic, leading to birth injuries such as cerebral palsy, brachial plexus injuries, brain damage - hypoxic ischemic encephalopathy (HIE) or intraventricular hemorrhage (IVH) - and even wrongful death.
Common Examples of Obstetrical Negligence
Errors or mistakes during childbirth can occur in a variety of ways. Below are some of the most common examples of obstetrical negligence that can result in birth injuries:
Failure to Monitor Fetal Distress
One of the primary responsibilities of obstetricians and nurses is to carefully monitor the baby’s heart rate and oxygen levels during labor. If signs of distress— such as decelerations (dips or drops) in the heart rate, a dangerously fast or slow heart rate, or minimal variability of the heart rate —are overlooked or improperly addressed, the baby may suffer from oxygen deprivation, leading to brain damage or conditions like cerebral palsy.
Delayed Response to Complications
Certain situations, such as prolonged labor or a baby being stuck in the birth canal, require swift action from the medical team. Delays in performing an emergency cesarean section (C-section) can result in preventable injuries to both mother and baby.
Improper Use of Delivery Tools
Forceps and vacuum extractors are sometimes used to assist with delivery. However, improper use of these tools can cause injuries, such as skull fractures, nerve damage, or conditions like Erb’s palsy, which affects the baby’s arm and shoulder movement.
Medication Errors During Labor and Delivery
The incorrect administration of medication—such as giving the wrong dosage of labor-inducing drugs like Pitocin—can result in complications, including excessive contractions that distress the baby or cause uterine rupture.
Failure to Diagnose or Treat Maternal Conditions
Undiagnosed or untreated maternal conditions, such as preeclampsia, gestational diabetes, or infections, can significantly increase the risk of birth injuries. For instance, untreated high blood pressure in the mother can lead to placental abruption, cutting off the baby’s oxygen supply.
Mismanagement of Shoulder Dystocia
Shoulder dystocia occurs when the baby’s shoulder gets stuck during delivery, usually behind the mother’s pelvic bone. Proper management is essential to avoid inappropriate or excessive force, which can result in nerve damage or fractures for the baby and life-threatening complications for the mother.
How Preventable Are These Birth Injuries?
The heartbreaking reality is that many birth injuries caused by obstetrical negligence could have been avoided with proper care. Planning, timely medical intervention, and thorough monitoring during labor and delivery are all steps that can prevent these scenarios.
For example, in cases involving prolonged labor or fetal distress, performing a well-timed C-section can reduce or eliminate damage from oxygen deprivation.
Legal Rights for Affected Families
If obstetrical negligence has led to a birth injury, families have the right to pursue legal action. A birth injury claim can help you secure the financial resources needed for medical treatment, rehabilitation, and other related expenses. More importantly, it can hold negligent medical providers accountable and potentially prevent similar mistakes from happening to other families.
What Does a Birth Injury Lawsuit Typically Cover?
- Medical Expenses: Costs for current and future medical treatment, including surgeries, therapy, attendant or supervised care, and specialized equipment.
- Lost Earning Capacity: If a child's injuries are severe, it may impact their ability to be employed in the future. In those cases, the child may be able to recover for the loss of their future earning capacity.
- Pain and Suffering: Compensation for the emotional and physical pain endured by the child and their family.
- Punitive Damages: In some cases, the family may be able to seek additional damages to penalize the medical provider for egregious conduct.
The Importance of Legal Advice
Navigating a birth injury claim can be overwhelming, especially when your family is already dealing with the emotional and physical effects of the injury. Working with a lawyer experienced in medical malpractice and birth injury cases can provide clarity and support as you seek justice. A qualified attorney can help you gather evidence, work with medical experts to prove negligence and advocate for the compensation your family deserves.
What Should You Do If You Suspect Obstetrical Negligence?
If you believe errors or mistakes during childbirth caused your child’s injury, it’s important to act quickly. Here are some steps to take:
- Request Medical Records: Obtain all documentation related to your pregnancy, labor, and delivery to understand what went wrong.
- Consult a Lawyer: Schedule a consultation with an experienced birth injury attorney. The attorney can evaluate your case and recommend the best course of action.
- Focus on Your Child’s Care: Ensure that your child receives the medical attention and therapy they need to recover and thrive while your legal team handles the complexities of the case.
- Document Everything: Keep track of medical visits, therapy sessions, and changes in your child’s condition. This documentation can be critical in proving your case.
Wilmington Birth Injury Attorneys
Obstetrical negligence is a serious issue that can have devastating consequences for families. By understanding the causes and consequences of negligence, families can better protect themselves and their loved ones. If you suspect that obstetrical negligence has occurred, it is essential to take immediate action to seek legal and medical recourse. At Daniel, Holoman & Associates LLP, we are committed to helping families in Wrightsville Beach, NC, navigate the complexities of medical malpractice cases and secure the compensation and support they need. Contact us today at (866) 380-2281 to learn more about how we can assist you in seeking justice for any harm caused by obstetrical negligence.