What Kind of Negligence May Occur in the Delivery Room?
Written by AskTheLawyers.com™ on behalf of Stewart J. Eisenberg with Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C..
Negligent medical care is dangerous in any scenario and can be particularly dangerous in the delivery room with more than one life at risk. While most medical providers are highly trained professionals dedicated to their patients’ health and wellbeing, when medical malpractice does occur, the results can be catastrophic. Medical malpractice in this scenario occurs when a healthcare professional or medical facility does not exercise a proper standard of care, which results in the serious injury or wrongful death of a patient. If a medical professional’s treatment fails to meet something called the “standard of care”, it qualifies as medical malpractice.
Examples of negligence that can occur in the labor and delivery process include:
- Forceps injuries
- Vacuum extractor injuries
- Premature delivery that could have been prevented
- Delayed Cesarean Section (C-Section)
- Staff fails to attend fetal monitoring strips
- Staff fails to monitor mother’s vitals
- Staff turns off monitoring equipment
- Untreated gestational diabetes
- Untreated preeclampsia
- Failing to diagnose or misdiagnosing placental abnormalities
- Improper medication administration
- Failing to review or compile a complete medical history
- Failing to identify an existing infection
Unfortunately, delivery room negligence can result in a myriad of injuries to mother and child.
When labor and delivery medical staff fail to meet the proper standard of care, the mother and/or infant may suffer the consequences. While some birth conditions may be genetic, negligence during delivery can cause some of the same conditions. For example, cerebral palsy may occur as a genetic condition but can also be caused by oxygen deprivation during the labor and delivery process if medical staff do not properly monitor the infant in-womb and/or fail to take the necessary measures to make sure the infant receives oxygen as soon as possible.
Some of the most common birth injuries include:
- Brachial Plexus Palsy (Erb’s Palsy)
- Bone fractures
- Caput succedaneum
- Perinatal asphyxia
- Intracranial hemorrhage
- Subconjunctival hemorrhage
- Facial paralysis
- Spinal cord injuries
- Cerebral palsy
If you or your child have suffered from medical negligence during the birthing process, you may be eligible to file a claim.
Medical malpractice claims are a type of lawsuit in which someone who has been injured by negligent medical care can seek compensation to cover expenses like past and future medical bills, wages lost during recovery, pain and suffering, and more. In the event that the malpractice resulted in a permanent or disabling injury to the infant, damages for the child may also be applied including ongoing academic, career, and life support. In the event that mother or child died as a result of the delivery room malpractice, surviving loved ones may be eligible to file for wrongful death on their behalf.
Delivery room negligence is frightening and can be catastrophic for the mother, infant, and family; if you suspect negligence occurred during the labor and delivery process, it’s important to reach out to a birth injury attorney to discuss your options. These lawyers typically offer free consultations to hurting families and work on a contingency fee basis, which means clients don’t pay until and unless they win their claim; this allows families to focus on healing and a return to daily life rather than worrying about yet another bill to pay.
To learn more about delivery room negligence or for help filing a claim, reach out to a birth injury attorney in your area.