Birth injuries can happen for a wide range of reasons from genetics to incidents during birth, labor, delivery, or post-natal care. Birth injury lawsuits come into play when a medical provider’s negligence or medical malpractice directly causes the birth injury. This is not always straight forward to prove, so it’s best to consult with an experienced birth injury lawyer before filing a lawsuit. But, if the birth injury was preventable, you may have the right to file a claim.
Signs of Fetal Distress Were Ignored
Medical providers are supposed to monitor the baby’s heart rate during labor. This is typically done through electrical fetal monitoring (EFM), in which heart rate and contractions are tracked through special sensors that allow for real-time monitoring. Signs of distress could show up during monitoring, in which a medical provider should act on those signs to prevent further distress. If those signs were ignored, or were not acted upon, there may be a period of time in which the baby lacked oxygen.
A lack of oxygen to the baby can lead to a wide range of problems including hypoxic-ischemic encephalopathy (H.I.E.) and cerebral palsy.
An Emergency C-Section Was Delayed or Not Performed
Not all C-sections are planned. In some cases, during labor, a medical provider has to make the educated decision based on protocol and practice to call for an emergency C-section. Waiting too long to deliver, or not recognizing when a vaginal delivery is risky, can lead to lasting harm on the baby. Emergency C-sections are needed for prolonged labor, when the baby is in a breech position, or when the baby is too large for vaginal delivery.
Improper Use of Medical Tools
Tools used for delivery, such as a vacuum extractor, must be used properly by an experienced professional. When used with force or poor technique, it can cause serious injuries to the baby including skull fractures, brain bleeds, and nerve damage. When these tools are misused by a medical provider, or if the equipment was faulty, you may have the right to file a birth injury claim.
Lack of Communication
Medical providers are required to work together through each step of a fast-moving birth. Some birth injury cases can be boiled down to simple lack of communication, understaffing, or miscommunication during emergency situations. Many complications that arise during labor or delivery are preventable if acted upon. When communication breaks down, it could lead to a slow response time during a critical moment.
Health Issues Were Misdiagnosed or Left Untreated
If the mother has health issues during pregnancy, they need to be addressed to avoid complications that could harm the infant. This includes infections, gestational diabetes, and preeclampsia. In those cases, the provider needs to recognize the signs and treat the condition. Some cases of birth injury happen through a misdiagnosis, in which the healthcare provider understates or misdiagnoses a health condition that could prove critical to the infant.
What to Do If You Think a Birth Injury Was Preventable
If you suspect a birth injury was preventable, contact an experienced attorney for an initial consultation. It’s best to contact an attorney who has experience handling cases within your area, as they will have a stronger legal understanding of the hospitals and healthcare providers that may be involved in your case. For example, if you are in Northeastern Pennsylvania, you can contact a Wilkes-Barre birth injury attorney to handle your case.
Birth injury lawsuits need to be filed before the statute of limitations deadline, which depends on the state you are located in. For Pennsylvania, the statute of limitations is 2 years from when the newborn involved turns 18. An attorney will review your case and help you determine the best course of legal action to take.
