When a Medical Error Causes Injury During Birth, Is It Malpractice?

What is Birth Injury Malpractice?

Definition and Overview

Birth injury malpractice occurs when a healthcare provider’s negligence or error during childbirth causes harm to the baby or the mother. These injuries can range from mild, temporary issues to severe, lifelong conditions such as cerebral palsy or brachial plexus injury. Birth injury malpractice is considered a form of medical malpractice and is governed by complex legal and medical standards.

Difference Between Birth Injury and Medical Malpractice

It’s crucial to understand the difference between birth injuries that are unavoidable and those caused by medical negligence. A birth injury is any harm or injury occurring during the childbirth process, which may be due to natural complications. Birth injury malpractice occurs when the injury is a direct result of a healthcare provider failing to meet the accepted standard of care.

When is a Birth Injury Considered Malpractice?

A birth injury is considered malpractice if the healthcare provider failed to act according to accepted medical standards, this failure directly caused harm to the baby or mother, and the injury resulted in significant physical, emotional, or financial impact on the family.

Real-World Example of Birth Injury Malpractice

In one notable case, a delayed decision to perform a C-section led to prolonged oxygen deprivation for the baby, resulting in cerebral palsy. The court found the obstetrician negligent for failing to recognize signs of fetal distress, leading to a substantial settlement for the affected family.

 

Common Causes of Birth Injury Malpractice

1. Medical Error During Birth

Medical errors during childbirth are one of the most common causes of birth injury malpractice. These errors can include incorrect use of medical equipment such as forceps or vacuum extractors, failure to respond to complications like umbilical cord prolapse or uterine rupture, misdiagnosis or delayed diagnosis of maternal or fetal distress, and improper administration of medication such as Pitocin for inducing labor, leading to complications.

2. Improper Use of Forceps or Vacuum Extractor

Obstetric tools like forceps and vacuum extractors are sometimes necessary to assist in delivery. However, improper use can lead to skull fractures, intracranial hemorrhage (brain bleeding), brachial plexus injury (causing nerve damage affecting the arms and shoulders), and facial paralysis due to excessive pressure.

3. Failure to Perform C-Section in Time

A timely C-section is critical when complications arise, such as fetal distress due to umbilical cord issues or placental abruption, prolonged labor or obstructed labor (dystocia), breech or abnormal fetal position, or maternal health emergencies such as preeclampsia. Failure to perform a C-section in time can result in oxygen deprivation (hypoxia) and long-term neurological damage, including cerebral palsy.

4. Negligent Prenatal Care

Negligent prenatal care includes failure to diagnose maternal infections like Group B Strep, which can be transmitted to the baby during delivery, inadequate monitoring of fetal growth and development, and failure to identify high-risk pregnancies, leading to preventable complications during childbirth.

5. Mismanagement of Labor and Delivery

Mismanagement of labor and delivery can include incorrect administration of epidurals or anesthesia, improper monitoring of fetal heart rate, and inappropriate response to labor complications such as uterine rupture, placental abruption, or umbilical cord prolapse.

 

Types of Birth Injuries Linked to Malpractice

1. Cerebral Palsy from Birth Injury

Cerebral palsy is a neurological disorder affecting movement, muscle tone, and posture. It is often caused by oxygen deprivation (hypoxia) during childbirth, traumatic brain injury due to improper use of forceps or vacuum extractors, and failure to respond to fetal distress in a timely manner.

2. Brachial Plexus Injury Malpractice

The brachial plexus is a network of nerves controlling movement in the shoulders, arms, and hands. Injuries can occur due to improper handling of shoulder dystocia, a complication where the baby’s shoulder becomes stuck during delivery, excessive pulling or twisting of the baby’s head or neck, and incorrect use of forceps or vacuum extractors. Types of brachial plexus injuries include Erb’s Palsy, which affects movement and sensation in the upper arm, and Klumpke’s Palsy, which impacts the lower arm and hand.

3. Delayed Birth Injury Diagnosis

Delayed or missed diagnosis of birth injuries can worsen the child’s condition due to lack of timely medical intervention and lead to permanent disabilities or long-term complications.

4. Other Common Birth Injuries Due to Negligence

Hypoxic-Ischemic Encephalopathy (HIE) is brain damage due to lack of oxygen. Fractures and physical trauma can include broken bones, clavicle fractures, and skull fractures. Facial nerve damage can result from improper use of delivery tools, and spinal cord injuries, though rare, can occur due to excessive force or medical error.

 

How to Prove Medical Negligence in Birth Injury Cases

Legal Definition of Medical Negligence in Childbirth

Medical negligence occurs when a healthcare provider fails to meet the standard of care expected in their profession, directly causing harm to the patient. In birth injury cases, this involves demonstrating that the provider deviated from standard medical practices and this deviation caused the injury.

Key Elements Required to Prove Negligence

To prove negligence in a birth injury case, you must establish four key elements: duty of care, breach of duty, causation, and damages. Duty of care means the healthcare provider owed a duty of care to the patient. Breach of duty occurs when the provider failed to provide the standard level of care. Causation establishes that the breach directly caused the birth injury, and damages indicate that the injury resulted in significant harm, including medical costs, pain, or long-term disability.

Role of Expert Witnesses in Birth Injury Lawsuits

Expert witnesses are typically medical professionals who testify about the standard of care expected in similar medical situations, explain how the healthcare provider’s actions deviated from these standards, and provide an opinion on how the negligence directly caused the injury. Expert testimony is crucial in helping the court understand complex medical issues and establishing liability.

Challenges in Proving Medical Negligence

Proving medical negligence in birth injury cases is challenging because medical records can be complex and difficult to interpret, hospitals and doctors often have legal teams defending them, and it requires detailed evidence and credible expert testimony. Therefore, working with an experienced birth injury attorney is essential to build a strong case.

 

Frequently Asked Questions About Birth Injury Malpractice

Is birth injury always due to medical negligence?

No, not all birth injuries are due to medical negligence. Some birth injuries are unavoidable complications of childbirth, such as those resulting from natural anatomical issues or unforeseen medical conditions. However, if the injury is caused by a healthcare provider’s failure to meet the accepted standard of care, it can be considered medical negligence.

Can I sue for birth injury caused by medical error?

Yes, you can sue for a birth injury caused by medical error if it resulted from a healthcare provider’s negligence. To succeed in a lawsuit, you must prove that the provider failed to meet the standard of care, that this failure directly caused the injury, and that the injury resulted in significant harm, including medical expenses, pain and suffering, or long-term disability.

How long do I have to file a birth injury lawsuit?

The time limit for filing a birth injury lawsuit, known as the statute of limitations, varies by state. In most states, it ranges from one to three years from the date the injury was discovered. Some states have exceptions for cases involving minors, allowing parents to file on behalf of their child until the child reaches a certain age. It is crucial to consult with a birth injury attorney as soon as possible to avoid missing the deadline.

Do I need an expert witness for a birth injury lawsuit?

Yes, expert witnesses are typically required in birth injury lawsuits to establish the standard of care and prove that the healthcare provider’s actions were negligent. Expert witnesses, usually medical professionals, provide testimony on what a competent provider would have done under similar circumstances, helping to demonstrate how the negligence caused the injury.

What compensation can I receive for a birth injury malpractice claim?

Compensation in birth injury malpractice claims can include medical expenses (past, present, and future), costs of long-term care, rehabilitation, pain and suffering, emotional distress, loss of future earnings, and other related expenses. In some cases, punitive damages may be awarded to punish egregious negligence or misconduct by the healthcare provider.

 

Contact Matzus Law, LLC Today

Birth injury malpractice can have lifelong consequences, but families have the right to seek justice and compensation. If you suspect that medical negligence led to your child’s injury, consult with a specialized birth injury attorney to explore your legal options.

Don’t wait—contact Matzus Law, LLC today to learn about your rights and start the journey toward justice and compensation for your child’s injury.

 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.