The medical term for a pregnant woman’s water breaking is the rupture of membranes. It’s a natural part of bringing a baby into this world. However, if it happens too soon, it can be dangerous for the mother and baby.
Seizures in infants can be much more difficult to identify than those suffered by adults. The convulsions most commonly associated with seizures are rare in infancy. But early detection is critical. During this period of rapid brain development, a seizure can inflict trauma that can stunt a child’s cognitive growth, lead to learning impairments, cause permanent brain damage, and ultimately slow overall development. In rare cases, a seizure can be fatal to a young child.
If you’ve ever been in a birthing suite, whether delivering a child yourself or supporting a loved one with their childbirth process, then you’re likely aware of how tense it can be in that environment. The situation is not all that different in an operating room if you undergo a Caesarean section (C-section). In both situations, there are a lot of people crowded into a very small room, and you and your baby’s health and safety are contingent upon everyone knowing their role and doing what they’re trained to do.
One misstep a doctor, nurse, or surgical team member makes can cause you or your baby to suffer adverse health consequences or a person’s wrongful death. Below, we’ll explore doctors’ and nurses’ different responsibilities during childbirth. We’ll also highlight any legal options you might have if a health care provider breaches the duty of care they owe you.
Giving birth is already a stressful, painful experience. You hope that all the pain is worth it so that you can leave the hospital with your happy and healthy newborn. However, that’s not always the case. If something goes wrong unexpectedly or the doctor in charge of your delivery makes a mistake, then your child could suffer from birth injuries.
When one hears that their child sustained an injury during birth, they may feel a mixture of overwhelming emotions. They’re worried about their child’s health, how this injury happened, and what this means for their child’s future. Unfortunately, birth injuries can lead to health complications for the rest of a child’s life. If your child has suffered from an injury because of medical negligence, you may be facing a reality that includes affording permanent care for your child.
Doctors have a legal duty to treat patients in accordance to established medical guidelines and standards, as doing so is critical to avoiding preventable injuries. While evaluating whether a medical professional took appropriate steps to treat a patient as a reasonably skillful doctor would under the same or similar circumstances is an important part of determining whether negligence played a role in causing birth injuries, it is also important to evaluate whether or not doctors adequately discussed information about procedures and associated risks – including risks related to cesarean sections, or C-sections for short.
During pregnancy, doctors have ample opportunity to speak with and evaluate pregnant mothers, conduct testing, and prepare them for delivery. This includes an evaluation of potential risk factors and complications that would necessitate a C-section per accepted medical guidelines, including:
Doctors have a legal duty to properly interpret test results and discussions with mothers to evaluate foreseeable risks associated with vaginal delivery. When appropriate, they should discuss the possibility of C-sections with mothers as a means to avoid and mitigate these risks, as well as risks inherent to C-section procedures themselves.
Birth injuries can result from a range of negligent actions and conduct during pregnancy, labor, and delivery – including the improper use of forceps and vacuum extractors. While both of these medical devices can assist physicians during difficult deliveries, they must be used in accordance to strict standards. When medical professionals fail to use forceps or vacuum extractors properly, they can be held liable for preventable birth injuries, including those resulting in long-term and life-altering effects on children and their families.
At Shrager & Sachs, our Philadelphia attorneys have established our firm as a proven practice capable of protecting the rights of victims who suffer preventable harm due to medical malpractice. Over the years, our team has been dedicated to protecting the rights of families who have suffered injuries and losses as a result of substandard medical care – including substandard care resulting in preventable birth injuries. In birth injury cases involving forceps and vacuums, we closely evaluate the facts and circumstances at hand to hold treating nurses, doctors, or other medical professionals accountable for their negligence.
Forceps are devices that enable a physician or health care provider to guide a baby’s head through the birth canal, and are typically used during difficult deliveries, when a mother has become exhausted, and when other factors or complications are present. Because the head and neck of a newborn are incredibly fragile, forceps must be used properly without applying excessive pressure or twisting. They must also be correctly positioned, as incorrectly placed forceps can cause catastrophic injury, and used at appropriate times.
Monitoring an unborn baby’s heart rate during labor and delivery can alert nurses and medical staff to potential complications and medical emergencies that must be promptly addressed. Should a baby’s heart rate become too high or too low, for example, it may indicate fetal distress caused by oxygen deprivation and the need for an emergency C-section.
In order to ensure a baby is tolerating the birth process and identify any complications, nurses and staff use electronic fetal heart rate monitors. These devices provide readouts that must be interpreted by attending medical staff. Should they fail to read fetal heart rate, or interpret readouts properly, they can miss signs of distress and opportunities to avert serious, neurological injuries that could have otherwise been avoided.
Birth injuries and birth defects can result in permanent medical conditions that require expensive and long-term treatment for your child. Thus, pursuing compensation against the physician responsible is necessary to seek justice and obtain a financial settlement. However, parents may not be able to file a medical malpractice lawsuit for birth defects. What is the difference between a birth injury and a birth defect?
Birth injuries are often preventable, and have several causes. If the doctor pulls on the baby the wrong way, uses forceps or medical instruments improperly, administers the wrong amount of medication to the mother, or performs other unnecessary or incorrect procedures during labor and delivery, the child could suffer harm. You have the right to file a medical malpractice lawsuit for injuries your baby suffered due to your doctor’s negligence or carelessness.
Infections can be especially dangerous to pregnant women and their unborn child if they are not quickly diagnosed and treated. Pregnancy can make infections more severe, which makes it all the more pressing to start treatment as soon as possible. Even mild infections can cause serious complications. Learn more about the impact infections can have on pregnancy.
Pregnancy affects a woman’s entire body. Changes in hormone levels and immune system function can cause women to be more vulnerable to infection. Labor and delivery are especially susceptible times for infection.
Women often experience changes in immunity with pregnancy to protect both the mother and the baby. Some parts of your immune system may be suppressed while others are enhanced. The immune system works twice as hard to protect the mother and the baby. These changes can leave women open to infection. Other functions in the body change as well, which can affect the mother’s ability to fight off infection. Hormonal and physical changes can contribute to urinary tract infections, yeast infections, and lung infections. A pregnant woman’s body may be more predisposed to certain kinds of infections thanks to these changes.
