Signs Your Child’s Birth Injury May Have Been Preventable
The unfortunate reality is that many birth injuries are entirely preventable. This can happen when a medical provider misses warning signs that something is wrong or fails to monitor your baby appropriately. However, the fact that your child suffered an injury does not automatically mean that a member of the medical team committed malpractice.
If you’re considering legal action for a birth injury, it’s important to understand what medical negligence looks like. Below, our attorneys explore the signs your child’s birth injury may have been preventable.
What Signs May Suggest That a Birth Injury Was Preventable?
Medical professionals are taught to watch for many warning signs. Some of the red flags for possible birth injuries include the following:
- Unaddressed fetal distress: Concerning changes in the baby’s heart rate may require additional evaluation, intervention, or expedited delivery.
- A delayed emergency C-section: A significant delay after providers recognize the need for surgical delivery can expose a baby to continued oxygen deprivation or other complications.
- Problems involving the umbilical cord or placenta: Cord compression, cord prolapse, or placental abruption may require immediate action to protect the baby.
- Difficult use of forceps or a vacuum extractor: Improper technique during an assisted delivery can cause head trauma, nerve damage, or other injuries.
- Excessive force during delivery: Pulling or twisting during a difficult birth can injure the baby’s nerves, bones, or other tissues.
- Unexpected resuscitation after birth: The need for significant resuscitation can indicate that a baby experienced complications before or during delivery.
- Admission to a neonatal intensive care unit: An unexpected NICU admission, particularly after problems during labor, may warrant further investigation.
- Seizures or neurological problems shortly after birth: Early neurological symptoms can sometimes indicate that a baby suffered brain damage around the time of delivery.
Thankfully, parents don’t have to figure out on their own if one of these events amounted to a medical error in their child’s case. Our attorneys can review the facts and advise you on your legal options.
Can Fetal Monitoring Problems Indicate Medical Negligence?
The reality is that problems involving fetal monitoring can indicate potential negligence if healthcare providers failed to recognize that something was wrong in a timely manner. This is especially true for fetal heart rate monitoring.
A baby’s heart rate naturally changes throughout labor, and not every change signals an emergency. Doctors and nurses must rely on their experience to interpret monitoring information when deciding whether something is amiss.
Negligence can occur if providers fail to monitor the baby appropriately, misinterpret significant findings, fail to communicate changes to the physician, or delay responding. In some cases, the records may show a substantial period between the first signs of a problem and the eventual delivery.
Could Problems During Labor and Delivery Have Caused the Injury?
Problems during labor and delivery can also cause a birth injury if providers fail to recognize complications in time. This could come in the form of a delayed delivery or the use of excessive force, either of which can lead to serious harm.
For example, shoulder dystocia occurs when the baby’s shoulder becomes lodged during delivery. Healthcare providers must use appropriate techniques to address the complication. Excessive pulling on the baby’s head or neck can damage the brachial plexus nerves and cause weakness or paralysis in an arm.
The important question is not whether labor was difficult or whether things went relatively smoothly. Our attorneys will look for signs that providers either failed to recognize the complication or waited too long to take appropriate action once they knew about it.
How Can You Determine Whether the Birth Injury Could Have Been Prevented?
Determining whether a birth injury was preventable starts with comparing the medical care your child received with the care reasonably appropriate providers should have provided under the same circumstances. This usually involves a careful review of the records and discussions with other professionals.
Our attorneys will review all available information to determine whether something went wrong. This could include reviewing:
- Prenatal records
- Fetal monitoring strips
- Nursing notes
- Medication records
- Delivery records
- Operative reports
- Lab results
- NICU records
In addition to reviewing the records, our attorneys also consult medical experts who advise whether the providers met the applicable standard of care. If they failed to provide the level of treatment a doctor typically would have offered, that may indicate negligence.
Frequently Asked Questions
Does cerebral palsy mean that medical malpractice occurred?
No. Cerebral palsy can have several causes and does not automatically indicate medical negligence.
Can a birth injury become apparent months after delivery?
Yes. Some developmental and neurological problems become more noticeable as a child grows and begins reaching expected milestones.
What records can help determine whether an injury was preventable?
Prenatal records, fetal heart monitoring data, labor and delivery records, nursing notes, operative reports, newborn assessments, and NICU records can all provide important information about medical mistakes.
Can a hospital be responsible for a preventable birth injury?
A hospital may face liability in some circumstances, including negligence involving its employees or its own policies and practices. Liability depends on who caused the injury and the relationship between the hospital and the individual providers.
How long do you have to investigate a possible birth injury claim?
Florida imposes deadlines on medical malpractice claims, and special rules can apply to claims involving children.
How Our Firm Can Help Determine Whether a Birth Injury Was Preventable
Parents rarely have enough information to determine why a birth injury occurred simply by reviewing discharge paperwork or listening to an explanation immediately after delivery. A medical malpractice investigation can provide a more complete account of what happened. Our attorneys can help in the following ways:
- Obtain the relevant medical records
- Reconstruct the timeline of labor and delivery
- Answer questions about your doctor’s duty of care
- Conduct discovery
- Negotiate a settlement on your behalf
- Consult qualified medical experts
If negligence caused a permanent disability, the firm can also investigate the full impact of the injury. The more information we have, the better we can guide you during this difficult time.
Reach Out to Fogg Law Group Today
If you have questions about an unexpected birth injury, you do not need to determine on your own whether someone made a preventable mistake. Contact Fogg Law Group today to discuss your child’s delivery and learn how we might be able to help.