In the United States, the overwhelming majority of pregnancies and births produce healthy babies. Unfortunately, however, some do not. Pregnancy and childbirth create a risk for both mother and child. While some birth injuries are the product of natural misfortunes, some injuries are the direct result of negligence by a medical professional.
Both mother and child must be monitored carefully during pregnancy and delivery. During this time, many types of errors can be made by medical staff that might support a claim of malpractice:
- Failure to diagnose potentially life-threatening conditions of the mother – Complications can occur during pregnancy that put the mother in danger. For example, preeclampsia, a high blood pressure specific to pregnant women can lead to eclampsia, a very serious condition that causes seizures and can also lead to coma.
- Failure to respond or delay in response to fetal distress – Signals during delivery can indicate that the child’s health is in danger. An electronic fetal monitor, for example, may indicate an increased heart rate in the fetus, alerting the delivery team that the fetus is suffering from a lack of oxygen to the brain. Failure to monitor these types of indicators can lead to irreparable harm or even death to the fetus.
- Delay in ordering a cesarean section (C-section) – For a variety of reasons, including a breeched position of the baby, rupture of the uterus, or preeclampsia, a C-section may be needed in order to prevent further injury to the mother or child. Waiting too long to order or perform a C-section increase the possibility of a birth injury, and may even result in death to the mother and/or child.
- Improper use of medical instruments while delivering the child – Tools such as forceps or a vacuum extraction may sometimes be used to help with the delivery of the baby. Improper use of either of these tools can cause serious injuries, including cuts, paralysis of the face, infection, and even brain damage. Some of these injuries may even be permanent.
Another type of malpractice action involving pregnancy and childbirth is the wrongful birth claim. This type of claim involves an allegation by the parents that they would have either avoided or terminated a pregnancy had the doctor warned them about the child’s impending birth defects. A claim of malpractice stems from the negligent advice and/or treatment from the doctor. This type of claim is not to stigmatize the child, but rather to recover damages that may cover the expenses that tend to come with caring for an impaired child.
Contact Our Lawyers Today
Birth injuries can be caused by many different factors. Regardless of the type of malpractice, medical records will need to be carefully examined to determine if injuries to the mother and/or child are the result of the negligence of medical staff. The complexity of birth injury lawsuits necessitates an experienced lawyer who will be devoted to the pursuit of justice. If you or your child suffered a birth injury as the result of the negligence of a medical professional, you have the right to seek compensation for not only your medical expenses, but also your pain and suffering. Contact Miami birth injury lawyers, Pita Weber Del Prado today at 305-670-2889 for a free initial consultation.
