Medical Malpractice for Birth Injuries
A birth injury is caused during the pregnancy or during the actual labor. A malpractice suit may be filed if there are birth injuries caused by the doctor or other medical staff through negligent actions. Birth injuries can be small, such as a bruise. Birth injuries can also be severe, such as brain damage.
Other People Are Reading
-
Labor Injuries
-
Birth injuries caused by the doctor's actions are usually a result of the use of a vacuum or forceps. A birth injury a baby may incur during labor are bruising somewhere on the body, such as the head during pregnancy. Some doctors use a vacuum or forceps to remove the baby from the mother. Using a vacuum or forceps during labor can cause scalp laceration or even skull fractures which could later require surgery. Caput succedaneum is another type of birth injury caused by the use of a vacuum, which causes the baby's scalp to swell.
Severe Birth Injuries
-
Doctors must remedy any problem as quickly as possible if there is not enough oxygen getting to the baby's brain during labor because of a labor complication. A common, but sometimes serious birth injury is a fractured bone. Sometimes babies incur a fracture to their collar bones during birth because they have such a small space to exit from. This usually occurs during breech deliveries when the baby is not positioned correctly while exiting the canal. Brain damage is a very severe injury usually caused when there is not enough oxygen getting to the baby's brain. Most times this happens because of blood loss or the twisting of the umbilical cord. If the doctor does not remedy the problem quickly, the baby could develop seizure disorders, retardation or cerebral palsy.
-
Factors
-
Certain factors concerning the labor are considered during a malpractice suit. There are certain factors a court will examine in order to determine whether the baby's injuries during labor were caused by the doctor. The court will look at the size of the baby, the shape and size of the mother's pelvis, whether the labor was very long, and the baby's position during labor. Although doctors do not have control over the very nature of these factors, they are required to have the knowledge of how to handle the situation to eliminate or mitigate any birth injuries.
Medical Errors
-
There are several factors that the court will observe as medical errors on behalf of the doctor. A court will examine any medical errors which would hold up a malpractice suit such as failing to anticipate any labor complications, failing to take action if there is excessive bleeding, failing to order a cesarean section if the baby or mother is in distress or failing to alleviate the baby if the umbilical cord is wrapped around the baby's neck. More medical errors include abuse of forceps or vacuums and an excessive amount of Pitocin prescribed to induce labor.
Negligence
-
The medical staff is required to keep watch over the health of the baby after birth. The care of the baby by the medical staff after the child is born is just as crucial as during delivery. The medical staff must ensure the baby does not incur any injuries as a result negligence. The staff must be aware of the necessary steps to observe report and treat any infection the baby develops after birth while still in the hospital.
-
References
- Photo Credit birth image by jedphoto from Fotolia.com paediatric clinic image by Steve Lovegrove from Fotolia.com mother holding babies hand image by Melking from Fotolia.com cute babies serious image by Photoeyes from Fotolia.com surgical team during operation: working on open wo image by alma_sacra from Fotolia.com mother and baby image by goce risteski from Fotolia.com
