Childbirth represents a momentous occasion overflowing with excitement and hope, yet it’s crucial to acknowledge that unforeseen complications can occur, causing devastating childbirth injuries for both the mother and child. Trusting medical professionals is essential; however, we must also recognize the role of medical negligence in contributing to these serious complications. In such challenging times, seeking legal advice and support becomes crucial to ensure justice is served and families receive adequate compensation.
What are Childbirth Injuries?
Childbirth injuries are a serious concern for both mothers and infants. These injuries can be physical or emotional and can have long-term effects. Physical injuries vary but can include vaginal tears, nerve damage, infections, and hemorrhages. In some cases, these injuries can be life-threatening. While the emphasis often rests on the physical consequences of childbirth injuries, it is important to acknowledge the emotional impact as well. Every birth experience is unique; therefore, every injury challenges a mother and her family. It is crucial for healthcare providers to be aware of the risks associated with childbirth and to prioritize both physical and emotional care for their patients.
What Causes Childbirth Injuries, and Who is Responsible?
Medical professionals who fail to provide the necessary care and attention can cause childbirth injuries. Examples of medical negligence include not monitoring blood pressure or fetal heart rate, improper use of forceps or vacuum extractors, not performing timely C-sections, and inadequate postpartum care. In these cases, the medical professionals may be held accountable for the damages caused by their negligence.
Types of Medical Negligence
Childbirth is a delicate and complex process that should be handled with utmost care and precision. However, medical negligence during delivery can result in childbirth injury. Medical negligence can occur in several ways, including:
- Failure to monitor fetal distress
- Failure to perform a timely C-section
- Misuse of forceps or vacuum extraction
- Administering the wrong medication to the mother or baby
- Failing to detect and treat infections
Medical negligence cases should be thoroughly investigated to hold those responsible accountable and ensure that future childbirths are conducted with the highest level of care and safety.
Statistics and Medical Errors
According to the Birth Injury Justice Center, nearly 28,000 babies experience birth injuries each year in the United States. While some injuries are unavoidable, others could be prevented with proper medical care. Unfortunately, medical malpractice often plays a significant role in causing these traumatic events. In fact, a Johns Hopkins study claims more than 250,000 people in the U.S. die every year from medical errors.
Consequences and Impact
Childbirth injuries have profound and long-lasting consequences for both mothers and babies, impacting them physically, emotionally, and financially. While some injuries can be life-threatening, others may not immediately show. Mothers may encounter extensive medical bills, lost wages, and long-term reproductive health issues. Additionally, childbirth injuries can cause emotional trauma and result in postpartum depression, anxiety, and related conditions.
Common Childbirth Injuries
Childbirth brings happiness and joy to families as a miraculous event. However, despite medical advances, both the baby and the mother can still sustain injuries. Medical malpractice can cause these devastating injuries with long-lasting effects. Therefore, medical professionals must take necessary precautions, ensure safe childbirth, and carefully handle complications.
Some types of childbirth injuries include:
Brain Injury
Medical malpractice during childbirth can lead to brain injuries, which are among the most devastating injuries that can occur. These injuries can happen when a baby experiences oxygen deprivation during delivery, often due to prolonged labor or complications during the process. Brain injuries can result in conditions such as cerebral palsy, developmental delays, seizures, and lifelong disabilities. In some cases, these injuries can be prevented. If medical professionals fail to recognize warning signs or provide negligent patient care, they could be liable for their actions.
Cephalohematoma
A cephalohematoma occurs when blood collects underneath a baby’s scalp, often due to the use of forceps or vacuum extractors during delivery. Although this injury is typically not severe, it can increase the risk of infection and jaundice. While preventing this type of injury may not always be possible, medical professionals should take precautions to minimize the risk of injury during delivery.
Shoulder Dystocia
During delivery, a baby’s shoulders may become stuck, resulting in shoulder dystocia. This situation can occur due to factors such as a large baby, improper positioning, or a narrow birth canal. Shoulder dystocia can cause nerve damage and permanent disability, including partial or complete paralysis of the arm. Medical professionals may be held responsible if they neglect their duty and fail to identify warning signs of shoulder dystocia.
Head Injuries
During delivery, using forceps or vacuum extraction can lead to head injuries. Medical professionals should employ proper techniques and equipment to minimize the risk of head injuries. Mishandling these tools can result in severe damage.
Brachial Plexus Injuries
When excessive force during delivery or complicating factors during labor damage the nerves in the baby’s shoulder, it can cause weakness or paralysis in the arm, resulting in a potentially permanent brachial plexus injury.
Erb’s palsy
Erb’s palsy develops when the brachial plexus nerves are damaged. Babies may be diagnosed with this condition if one side of their neck is stretched while exiting the birth canal. Excessive pulling, twisting, or stretching of these nerves can lead to Erb’s palsy. Depending on the severity of the injury, the child may lose movement in the affected arm, hand, wrist, or shoulder. While many can fully recover, some babies may experience long-term or permanent problems due to Erb’s palsy.
Medical Malpractice and Maternal Injuries
While ensuring the safety and well-being of the baby remains a priority, it’s important to remember that mothers also face risks of injury during delivery. Medical malpractice can cause various injuries, ranging from common vaginal tears to life-threatening uterine ruptures. Improper repair of severe vaginal tears can result in long-term pain and discomfort, incontinence, and sexual dysfunction. Uterine rupture, although rare, poses a serious threat with potential consequences such as bleeding, organ damage, and even death. Immediate medical attention is necessary to prevent shock and further complications from postpartum hemorrhage, which can arise from delivery-related complications.
Guidance from a Knowledgeable Attorney
When medical negligence leads to a childbirth injury, those affected often experience helplessness and confusion regarding the following steps to take. However, it’s crucial to understand that victims have legal options. Victims must meet specific requirements to bring a successful medical malpractice claim. These include proving that the healthcare provider had a duty of care to the patient and breached that duty, which ultimately resulted in a childbirth injury. This process is complex, and the guidance of a knowledgeable attorney is essential. An attorney can assist victims in navigating the legal system and pursuing the compensation they deserve for incurred damages, such as medical expenses and pain and suffering.
Seek Legal Support from Gallon, Takacs & Boissoneault
Childbirth injuries pose a serious concern as they can substantially impact both mothers and their babies. These injuries, ranging from minor to life-threatening, have physical and emotional consequences that may not be immediately apparent. Aside from the physical pain, suffering, and medical bills, long-term health issues related to reproductive health, lost wages, and emotional trauma may arise from childbirth injuries.
At Gallon, Takacs & Boissoneault, we acknowledge the seriousness of these situations and offer support through our experienced medical malpractice attorneys. If you or a loved one has experienced injuries or wrongful death due to childbirth injuries, we encourage you to contact us today at 419-843-6663 or fill out our online contact form.
Jeff joined GT&B in 2008 as a law clerk. After graduation, he worked in election law. In 2011, he returned to GT&B as an Associate, focusing on personal injury cases like auto accidents, premises liability, general negligence, wrongful death, and dog bites. Now a Senior Associate in the Personal Injury department, he is passionate about protecting his clients who have suffered injuries through no fault of their own and ensuring they receive the justice and compensation they deserve.