An expectant parent never anticipates that their new baby may be harmed by the negligence of a medical professional. Pregnant moms generally have no lack of worries when it comes to the health and safety of their baby, but those fears usually do not concern the action or inaction of an obstetrician, midwife, nurse, or another medical professional that results in an injury or even death of their child.
If you believe that your child suffered an injury due to the negligent actions or inaction of a medical professional, it is vital to become informed about your options, so you can seek the compensation that you and your child deserve. Contact our birth injury attorneys at (973)-435-4551 to receive a free consultation. We will listen to your baby’s case and discuss potential avenues available to you. Reviewing your child’s case and truly caring about their future is our promise. Our experience in the realm of birth injury investigation and litigation makes our team of lawyers formidable allies to have on your side.
Top Kinds of Medical Negligence that Cause Birth Injuries in Newborns
With booming populations across the globe, it is easy to forget how fragile babies are as they enter this world. There are numerous ways that the negligence of a medical professional can lead to a birth injury for a child. Most often, these injuries stem from a failure to diagnose and treat or a failure to intervene appropriately. Here are some of the most common types of medical malpractice that can result in newborn birth injuries.
Missing the Signs of Maternal Conditions
Certain conditions of the mother and/or unborn child can lead to a high-risk pregnancy and birth. Sometimes, a failure to diagnose prenatal issues during the pregnancy can become relevant during labor and delivery and cause injury to the child. It is essential that medical professionals monitor the mother and child for issues like preeclampsia, cardiac conditions, problems with the placenta, amniotic fluid levels, and more to determine if treatment or interventions are necessary. These conditions can lead to preterm birth, fetal distress and developmental delays, and even miscarriage or still birth.
Failure to Diagnose and Treat Infection
Medical professionals have a duty to test for and treat maternal infections during pregnancy that could harm the unborn child, including Group B Strep, Rubella, and Syphilis. If untreated, these infections can lead to convulsions, hearing loss, heart problems, brain damage, and even death.
Failure to Perform an Emergency C-Section
During labor and delivery, numerous injuries to a baby can occur. Failing to perform a cesarean when it is medically necessary, is one such common medical error causing newborns harm. An emergency induction or emergency cesarean section may be necessary due to issues with the placenta or low amniotic fluid, as well as many other risk factors and signs of distress. These are conditions that should be monitored by medical professionals during the mother’s prenatal examinations to ensure that she can safely continue or proceed with natural labor. If not, the child may need to be delivered by induction or emergency C-section. Negligently performing a c-section and injuring a baby in the process, or harming a baby through dosing errors in medications administered to the mother are some other examples of how birth injuries involving cesarean delivery can occur.
Missing the Signs of Oxygen Depletion
During every moment of the birthing process, medical professionals have a duty to check for any signs of fetal distress that could be causing a lack of oxygen or nutrition for the baby. These conditions require medical intervention to prevent injury or death to the baby.
Failure to Recognize Issues with the Umbilical Cord
Other major sources of birth injuries are problems with the umbilical cord. Problems caused by issues with a baby’s umbilical cord often arise during labor and delivery when contractions are pushing the baby down into the birth canal, and the cord becomes tied around the baby’s neck or cord prolapse, where the umbilical cord moves past the mother’s cervix into the vagina ahead of the baby. These issues require immediate medical intervention, and if a medical provider fails to take reasonable action, they will breach their duty of care and potentially be liable for any resulting injuries to the baby.
Errors Removing the Baby from the Birth Canal
Sometimes, during delivery, a doctor may take action to try to help remove the baby from the birth canal that results in physical injury to the child in the form of a broken collar bone or other injuries. A medical professional may fail to properly respond to a case involving shoulder dystocia, where the baby’s shoulders are stuck in the birth canal, and a brachial plexus injury will occur as a result of using excessive force to get them out. The child may also suffer a brain injury if the doctor applies too much pressure to the baby’s fragile head or uses tools like forceps improperly, causing damage to the brain.
Errors in the administration of medication during pregnancy or labor and delivery can also cause birth injuries. These errors may involve the wrong medication or an improper dose of medication being administered. For example, an error in the dosage of pitocin, a drug used to induce contractions of the uterus, could result in hyperstimulation of the uterus and cause neurological problems and brain damage leading to permanent disabilities.
Failure to Intervene Immediately After a Child’s Birth
Injuries can also occur to a child immediately after his or her birth. If a child requires immediate medical treatment that is not provided, like oxygen supplementation or cardiac intervention, the medical professionals providing care may be liable.
Consult Birth Injury Lawyers who Investigate and Prove Medical Malpractice in the Birthing Process in NJ
If you believe your baby was injured during pregnancy or birth due to the negligence of a medical professional, you are not alone or without recourse. Medical professionals have a legal duty to provide a certain standard of care. When their actions or inactions fall below that standard of care and result in an injury to your child, they are legally liable for the damage they caused. Take action today by contacting our talented team of birth injury lawyers.
While medical malpractice claims, including those for birth injuries, are typically based on negligence, they are much more complex than a typical injury case. To prove that you are entitled to compensation, you must prove that the medical professional breached his or her duty of care. It is important to have a legal team who knows how to investigate, assemble, and prove birth injury lawsuits to obtain the true value of a newborn’s injuries in compensation.
Seeking justice for your injured baby is a worthy cause and something you both deserve. For a free consultation about your baby’s case, get in touch with our team of birth injury lawyers today. Contact us online or call us at (973)-435-4551 to start finding our more about the legal rights of birth trauma victims and their parents. Receive your free case review.