Birth Injuries Before, During, and After L&D

Before, during, and, after a mother gives birth, a doctor has a fiduciary duty of care. This legal responsibility dictates that doctors must put aside all other priorities, such as work/life balance or a profitable medical practice, and only do what’s best for their patients.

Doctors have such a high duty of care because most patients depend entirely upon their doctors for all their healthcare needs. That’s especially true of expecting and new mothers. Especially if a pregnancy involves any complications (more on that below), a top doctor is a must-have.

When doctors let down their patients, a Carlsbad personal injury lawyer springs into action. Medical malpractice cases are very complex. Only an experienced attorney can thoroughly evaluate a case and determine all possible legal options.

Injuries Before Delivery

The aforementioned duty of care begins at the first prenatal appointment or, in the case of a walk-in delivery, when the doctor reviews the patient’s file.

During this difficult time, most families want confident doctors who are compassionate at the same time. They do not want overconfident doctors who allow their compassion to dictate their actions.

Overconfident doctors often address issues with an “I’ve got this” mentality. Shoulder Dystocia, one of the most common causes of birth injuries, is a good example. An SD fetus has broad shoulders, so the fetus cannot drift down the mother’s birth canal. The situation is often critical. If the fetus is lodged inside the mother, the umbilical cord could cut off oxygen to the brain.

SD risk factors include fetal macrosomia (large baby heavier than 4000-4500g), maternal diabetes (gestational or pre-existing), previous shoulder dystocia, and maternal obesity (BMI above 30).

If the doctor determines that the risk is borderline (e.g. a 31 BMI), the doctor may not take proper precautions. This lack of preparation could cause a disaster in the delivery room.

Delivery Issues

The clock is ticking if an SD emergency occurs. Hypoxia can occur in as little as five minutes, causing permanent cerebral palsy. Like the rest of us, doctors often make bad decisions when under extreme pressure. These bad decisions often involve mechanical birth aids, such as:

• Forceps: These instruments are basically surgical salad tongs. The doctor grips the baby’s head and literally tries to pry the baby out of the mother’s womb. The extreme force on the head and neck often causes permanent nerve damage.
• Vacuum Extractor: VEs are basically modern-day forceps of sorts. The doctor straps a cap on the baby’s head, attaches that cap to a surgical vacuum, and tries to duck the baby out of the mother. Since newborns have extremely thin skulls, the additional force often causes a permanent skull injury that resembles a dent in the baby’s forehead.
• Episiotemy: This mechanical birth aid is a bit different. The mechanical instrument is a scalpel, and the doctor uses this instrument on the mother instead of the baby. Doctors once believed that these incisions opened the mother’s birth canal. Doctors now know that episiotomies don’t work and often cause excessive maternal bleeding at a time when the mother needs every ounce of strength.

If a lack of proper preparation caused a doctor to misuse a risky mechanical birth aid, a Carlsbad personal injury lawyer can obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Because of the aforementioned high duty of care, additional punitive damages are often available in these cases as well.

Postpartum Injuries

A few final words about postpartum injuries in hospitals and other medical facilities, which are often related to excessive medical compassion.

If the baby was premature, the standard of care usually dictates that the baby remain in the NICU until the mother’s due date, even if the baby shows no apparent signs of illness. Overly compassionate doctors often send babies home early in these situations.

As a result, the baby could experience a serious infection or other such complication while at home and away from medical support. Since newborns are so small, once their physical conditions deteriorate, they go downhill fast. In many cases, a post-infection hospital visit may be too little, too late.

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.

Source:

ncbi.nlm.nih.gov/books/NBK470427/