Although rare, birth injuries that occur from medical malpractice are among the most devastating and sensitive cases we handle. These birth injury cases involve complex legal and medical issues, with laws and statutes vastly differing between states. In the most severe birth injury cases, malpractice can occur by failing to prevent a medical issue that causes the death of the infant. Our team of birth injury lawyers details one such case below.
Here, we relate a story published in Yahoo Parenting. At 38 weeks, Kelly Ferraro Bloch was perfectly healthy, as was her unborn daughter. Less than one month before her due date, however, she was told her daughter was stillborn and that an undetected umbilical cord abnormality had cut off her nutrient supply. The abnormality, marginal insertion of the cord, was present from the beginning of her pregnancy and could have been properly managed if it had been detected.
Unfortunately, the abnormality could have been detected on an ultrasound as early as 18 weeks. After her 16-week ultrasound, she was never told that her radiologist had recommended she return again at 22 weeks. So instead of bringing a new child into the world to nurture and watch grow, she was forced to give birth to her daughter, knowing she had been dead for nearly two days.
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In the time since her death, Kelly and her husband have raised thousands to fund umbilical cord research and awareness outreach. She writes that one of the most difficult aspects of her daughter™s death is knowing it was avoidable with umbilical cord screening, fetal kick counting, and heart rate monitoring.
These precautions are not considered the standard of care, however. During pregnancy and childbirth, women often have to be their own advocates. Some of the most common forms of medical malpractice causing birth injuries relate to lack of monitoring.
Common Birth Injuries Due to Medical Negligence
If an infant is injured during or before childbirth by medical negligence, the parents may bring a medical malpractice lawsuit on their behalf. Among the cases we handle, the most common birth injuries we see include:
- Cerebral Palsy. Cerebral Palsy is due to abnormal development or damage during or shortly after birth to the parts of the brain that control movement, balance, and posture. The condition is caused by asphyxia (lack of oxygen) to the brain during labor and delivery. This traumatic birth injury can be caused by forceful delivery techniques or infection.
- Brachial Plexus Injury. This traumatic birth injury is due to damage to the network of nerves that send signals from the spine to the shoulders, arms, and hands. It typically occurs during a difficult delivery if there is excessive pulling on the infant’s shoulders during a head-first delivery or pressure on the baby’s raised arms during a breech birth.
- Perinatal Asphyxia. If a baby does not receive enough oxygen before, during, or after the birth this condition can result due to the interruption of blood flow or insufficient oxygen in the blood.
- Caput Succedaneum. This is a swelling of the soft tissues of the baby’s scalp and can be the result of vacuum extraction or other delivery methods.
- Hypoxic-Ischemic Encephalopathy. This condition is characterized by brain dysfunction as a result of reduced blood flow and oxygen to the baby’s brain. Causes include umbilical cord issues, placental abruption, or other complications during the birth.
Although each traumatic birth case is unique, most birth injuries to infants involve one of two forms of negligence: either the doctor did not properly assess or respond to the situation, or the injuries developed prior to birth, such as from prescription drug use.
In the first scenario, a doctor may improperly use medical devices like vacuums or forceps or fail to recognize disorders like preeclampsia. These types of oversights could lead to a medical malpractice lawsuit against the doctor, the birthing team, or the hospital.
It is estimated that for every 1,000 infants born in the United States, five will suffer birth injuries. Not all birth injuries will result in a successful medical malpractice lawsuit, however. Some injuries, though devastating, are unavoidable and could not have been foreseen or prevented. To prove malpractice occurred, it must be shown that the medical staff’s conduct fell below the standard level of care and caused the injury.
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Medical Malpractice Lawsuits for Infants, Mothers
Pursuing a medical malpractice lawsuit in the case of birth injuries involves several steps:
- Understanding the scope of medical malpractice. In the case of birth injuries, medical malpractice encompasses a healthcare provider’s negligence during the course of prenatal care, labor, delivery, and postnatal care that results in injury to the infant or the mother.
- Consultation with a birth injury lawyer. When considering filing a birth injury lawsuit, it’s important to consult with a birth injury lawyer who specializes in these types of cases. The birth injury lawyer will assess the case and determine if there are sufficient grounds to pursue a medical malpractice lawsuit.
- Gather relevant medical records. These would include all medical records pertaining to prenatal care, the birth itself, and treatments or diagnoses given after the injury.
- Consultation with medical experts. Medical malpractice lawsuits generally require expert testimony to review records and determine if medical malpractice occurred.
- Filing a medical malpractice lawsuit. If your birth injury lawyer ascertains there is enough evidence of malpractice, they will file a lawsuit on your behalf.
- Negotiation, mediation, or trial. Your birth injury attorney may negotiate a settlement to cover medical expenses, ongoing care, pain and suffering and other damages. Should negotiations not result in an acceptable settlement, the lawsuit may move to trail. At trial, both sides will present their evidence and arguments and a judge or jury will then decide the outcome and any damages due you.
The medical malpractice and birth injury lawyers at Pintas & Mullins Law Firm have been fighting on behalf of injured mothers and infants for more than 30 years. We offer free case reviews and have a wide network of legal and medical professionals, so we can come to you wherever you are. We accept cases of serious injury nationwide.
Call or text 800-934-6555 or complete a Free Case Evaluation form
