Childbirth is an undeniably precious and momentous time in the lives of most families. A birth injury, on the other hand, is devastating in equal measure. When healthcare professionals are negligent (i.e., fail to provide the proper care) a mother and/or her child can be injured.
According to Birth Injury Guide, (www.rightdiagnosis.com/b/birth_injury/stats.htm) six to eight out of every 1000 children born in the U.S. each year sustain birth injuries. Medical malpractice, incorrect medical prescriptions, physical trauma, and monitoring issues constitute a significant portion of all the causes of avoidable birth injuries. Close to 50% of all birth injuries are potentially avoidable by identification and planning for obstetric risk factors. Id.
Types of Birth Injuries
Trauma
The common sites for birth trauma include the head, neck and shoulders. Other sites less common include the face, abdomen and lower limbs. According to a recent publication (last updated on 9/9/20) on birth trauma, common traumatic birth-related clinical conditions include the following:
- Head trauma
- Caput succedaneum
- Skull fractures
- Extracranial hemorrhages
- Cephalohematoma
- Subgaleal hemorrhage
- Intracranial Hemorrhages
- Epidural hemorrhage
- Subdural Hemorrhage
- Subarachnoid Hemorrhage
- Intraventricular hemorrhage
- Intracerebral and intracerebellar hemorrhages
- Cranial Nerve injuries
- Facial nerve
- Peripheral Nerve and Spinal Cord Injuries
- Brachial plexus injuries
- Spinal cord injuries
- Skeletal injuries
- Facial injuries
- Ocular injuries
- Soft tissue injuries
- Visceral injuries
Birth Asphyxia or Oxygen Deprivation
The American College of Obstetricians and Gynecologists claims that the rate of asphyxia during delivery is 4 percent, while other studies place the rate between 8 to 23 percent. Birth asphyxia can lead to serious conditions such as cerebral palsy and hypoxic-ischemic encephalopathy.
When Hospitals May be Found Liable for Medical Malpractice
Of course, some birth injuries are due to genetic predisposition, among other factors, and cannot be helped, but others are caused as a result of negligence on the part of healthcare professionals and/or hospital personnel.
A hospital may be held liable for birth injuries if it did not:
- Investigate the attending physician’s credentials to perform delivery;
- Sufficiently staff the labor and delivery room(s) for proper care of the mother and child;
- Have its employees follow treatment guidelines provided by the mother’s physician;
- Perform the requisite clinical tests;
- Maintain accurate and up-to-date medical records for the mother and child;
- Follow admission and discharge standards/protocols for the mother and child;
- Follow the accepted standard of care during labor and delivery; and/or
- Accurately monitor the mother and child during labor and delivery.
Cautionary Note: Not all birth related injuries are caused by medical treatment or preventable. A scrupulous review of all medical records and standards is required.
We are personal injury lawyers with many years of experience in handling cases of birth injuries and medical malpractice cases, practicing in Tinley Park, Orland Park, Matteson, Chicago Heights, and throughout the Chicagoland area. For more than 41 years, David G. McDermott has been representing clients and ensuring they receive the full value of their claims.
If your family has suffered due to a birth injury caused by a doctor and/or the negligence of the hospital staff, you should get in touch with a birth injury lawyer immediately to begin the review process. Once you’ve provided us with the pertinent medical records relating to your medical malpractice concern(s) and retained us, we will conduct the scrupulous review process at no cost to you.
Learn more about McDermott & McDermott, Ltd. or call (708) 747-9440 us for a free legal consultation.
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