Category Archives: Society

Establishing Doctor’s Liability for Birth Injuries

Labor is one of the most crucial operations in the medical world. Even the slightest mistake can lead to the endangerment of both the mother and the infant’s lives. So if a doctor did something wrong that results into injuries to you and your child, you can hold your doctor accountable. Medical malpractice happens when a doctor, the medical staff, or the entire hospital’s negligence results to the patient’s sickness or death. Lawyers can help endorse your claim.

Birth injury means any injury the mother or the infant received from the time of her pregnancy until the day of delivery. During pregnancy, a doctor’s negligence can cause many complications that may lead to birth defects or miscarriages. For example, if you develop maternal diabetes during your pregnancy because your doctor didn’t conduct regular check-ups, or he or she failed to inform you, it is considered medical malpractice.

Birth injuries can also happen on the day of the child’s birth. If the doctor failed to monitor the oxygen intake of your child before and after the actual birth, your child could develop cerebral palsy. Preeclampsia, or the mother having seizures during birth, can also occur if the doctor fails to monitor the mother’s blood pressure during delivery. Aside from those physical injuries during birth, there are also the emotional and psychological damages to factor in.

Every deed has its own consequence, and so does negligence. Contact your birth injury lawyer to learn how you can properly handle birth injury claims.

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The Risks of a C-Section

In most cases, giving birth via Cesarean section (C-section) is seen as the safer way to deliver a child. However, take note that this doesn’t mean C-sections are completely devoid of risks. Some of these risks include:

For the Child:

  • Respiratory disorders like transient tachypnea

  • Skin abrasions from surgical equipment

For the Mother:

  • Increased risk of injury in future vaginal births

  • Development of blood clots

  • Adverse reactions to anesthesia

  • Bacterial infections

There will be times when a doctor will ask if you prefer to give birth via C-section several weeks before your expected due date. If your doctor asks you this, counter by asking what the risks of a C-section are. Doctors are required by law to explain the potential risks of any procedure so that patients can make informed decisions.

In the event that you develop complications from a C-section which your doctor failed to warn you about, seek the help of a respected birth injury lawyer. Failure to disclose procedural risks is a legitimate reason for medical malpractice lawsuits.

Truth be told, the risks of a C-section are very rare, especially if your doctor is very thorough with his or her work. As such, choose your doctor wisely.

Leading Causes of Birth Injury

Giving birth is a very technical process that should only be performed by experienced medical professionals. However, things can still go wrong even with precaution. One study revealed that 9.5% of medical malpractice cases involving birth injury was the result of failure to diagnose a condition while 4.7% involved the wrong diagnosis.

Below are some of the birth injuries that can occur within a hospital environment

Maternal low blood pressure or interference during delivery can lead to poor supply of oxygen to the infant’s brain, which can lead to a condition known as perinatal asphyxia. If perinatal asphyxia is not addressed, it can lead to the newborn’s death.

Another equally possible birth injury is Erb’s palsy, a paralysis of the arm of the newborn because of putting too much pressure applied when pulling the shoulders.

Rarely occurring but still very much fatal is brachial plexus palsy, where the cause is similar to Erb’s palsy. A newborn is very delicate and fragile; any misuse of pressure can immediately be harmful.

Lastly, the most frequent case is meconium aspiration syndrome wherein the baby accidentally inhales a mixture of meconium and amniotic fluid in the womb.

Should you encounter any of these and other birth injuries, immediately seek help from lawyers who specialize in this field. They understand the amount of emotional distress a birth injury brings, and so they make sure you get utmost legal representation.