Birth injury

As beautiful as it is to bring a child into the world, childbirth is also a delicate medical process. Infants can suffer a variety of injuries before, during, and immediately following labor that may have catastrophic consequences for them and the rest of their families. Because of this, it is of the utmost importance that doctors, nurses, and other medical care providers follow proper protocol and standards of care for childbirth in order to prevent birth injuries. If your child has sustained a serious birth trauma and/or injury the matter should be evaluated to assess whether or not the injury was caused by medical malpractice.

Of course childbirth is a process that can lead to bruising and swelling or edema that can be normal or result from standard medical techniques and proper care. Most of these injuries have a favorable rate of recovery within the days and weeks ahead. But some of the more serious injuries, such as hypoxia induced cerebral palsy, are not so easily remedied.

We have successfully recovered to assist children suffering the long term effects of birth injuries and their parents, arising out of many situations, including some of the following events:

  • Failing to adequately monitor the fetal heart rate
  • Failing to respond in a timely fashion to fetal distress as indicated on the heart rate monitor
  • Failure to respond in a timely fashion to uterine rupture
  • Delay in performing emergency C section
  • VBAC leading to uterine rupture
  • Waiting too long to deliver. Delaying labor induction can be a negligent act
  • Failure to monitor amniotic fluid in a post date pregnancy
  • Vaginal delivery with herpes lesions evident
  • Failing to adequately record the correct delivery date. The most accurate EDC or due date must be recorded by the proper criteria, preferably first trimester ultrasound
  • Failure to offer the option of a cesarean section when multiple risk factors are at play.
  • Failure to monitor the fetus continuously with use of certain drugs during induction of labor
  • Failure to monitor the administration of drugs to augment or induce labor including Oxytocin (Pitocin), Cytotec and others
  • Incorrect dosage of induction drug administered
  • Incorrect use of forceps or vacuum extractors in delivery
  • Failure to treat infection evident in birth mother in labor
  • Failure to treat preeclampsia
  • Breach birth presentation
  • Failure to test for fetal wellbeing where indicated before labor

What is cerebral palsy?

Cerebral palsy is an umbrella term for a group of permanent disorders that impede the development of bodily functions including movement and nerve functions.

What types of negligent actions might cause cerebral palsy?

Most of the actions outlined above can be a cause of cerebral palsy. In general it can be caused by birth trauma, hypoxia, medications, drug use or other types of activities interfering with the flow of oxygen and blood between mother and child.

  • Lack of oxygen (anoxia) or reduced oxygen levels (hypoxia) to an infant’s brain are often the actual causes of cerebral palsy.

There are many other physical, developmental, and cognitive birth injuries not listed here that can result from medical malpractice and negligence. The Law Office of Scott Righthand can help you determine if you or your child has been the victim of improper medical care, and will take steps to procure compensation for those injuries.