Birth Injuries Before, During, and After L&D

Some birth injuries instantly transform the most joyful time in a family’s life into the most tragic time. Newborns are incredibly fragile. Other birth injuries don’t become apparent for months or years later. When children repeatedly miss developmental milestones, something is obviously amiss. Medical malpractice, before, during, or after delivery, usually causes such injuries.

Since doctors have a fiduciary duty of care, the highest duty of care in the law, compensation is usually substantial in these cases. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. An Oceanside personal injury lawyer can also obtain substantial punitive damages in these matters as well.

Birth Injuries Before L&D

The aforementioned fiduciary duty of care requires doctors to set aside all other concerns, such as making money or obtaining work-life balance, and only do what’s best for their patients. This duty begins the moment expectant mothers schedule their first prenatal appointments with their doctors.

Usually, the first order of business at prenatal appointments is spotting red flags of possible delivery complications. These red flags include a history of difficult births, the mother’s advanced age, and maternal health conditions, such as diabetes,

Confidence is a desirable trait for a doctor. But many doctors approach red flags with an overconfident “I’ve got this” approach. For example, a doctor may determine that a mother has a “borderline” condition as opposed to a condition that needs aggressive treatment.

Birth Injuries in the Delivery Room

Generally, inattention during the prenatal process leads to L&D emergencies. SD (Shoulder Dystocia), one of the most common L&D complications, is a good example. If the baby’s shoulders are too large, the baby cannot drift naturally down the mother’s birth canal, the umbilical cord warps around the baby’s neck. At that point, cerebral palsy is only five minutes away.

In these situations, doctors, like the rest of us, make poor decisions. These poor decisions usually include mechanical birth aids, such as:

• Forceps: These mechanical birth aids resemble large salad tongs. The doctor grabs the baby’s head and pries the baby out of the mother’s womb. The excessive force often causes permanent head injuries.
• Vacuum Extractor: The doctor places a cap on the baby’s head. That cap is connected to a surgical vacuum. Then, the doctor literally sucks the baby out of the mother’s womb. This process also causes permanent head injuries and other injuries.

A newborn baby is smaller than a two-liter bottle of soda, and the baby’s skin isn’t as thick as the plastic. So, a tiny amount of excessive force often causes a serious injury.

Post-Delivery Birth Injuries

Babies born under these circumstances usually go to neonatal intensive care units. Common issues include infections and premature release.

Hospitals are breeding grounds for infections and babies are incredibly vulnerable. Once an infection sets in, it spreads quickly and shortly becomes life threatening. Furthermore, many doctors release babies from the NICU before they’re ready to go home.

Count on a Thorough San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.