Labor:
Standards within the obstetric community mandate that a
fetus and its mother be adequately monitored throughout
the labor and delivery periods to ensure that the health
of both is not being compromised, and, that the delivery
has the best chance to result in the birth of a healthy
baby. A failure to properly monitor the patients and heed
the signs and symptoms exhibited by both the fetus and the
laboring mother may be medical malpractice, and, could culminate
in injuries to both the mother and fetus. In addition, a
failure to properly interpret the information collected
and the signs and symptoms exhibited during labor and delivery
may also constitute medical malpractice, and, similarly
may result in injury. Both proper monitoring and the correct
interpretation of the information collected are integral
to the healthcare provider making the correct treatment
decisions (including whether a C-section delivery is needed
and its timing).
Please see our page on “Cerebral
Palsy”.
Delivery:
In addition, the standards of the medical community must
be adhered to in the actual delivery of the baby. If the
healthcare provider deviates from those standards then medical
malpractice may be committed, and, could result in injury
to the mother, the baby, or both. For example, under certain
circumstances, if too much force is applied to the baby’s
head and neck during delivery, it may result in a nerve
injury which can permanently affect the function of the
baby’s arm and hand. Please see our pages on “Shoulder
Dystocia / Erb’s Palsy” and “Klumpke’s
Palsy”.
Neonatal
Care: After a child is born, if they are in need
of an increased level of care due to some condition or problem,
that care may be rendered by a neonatologist or a pediatrician,
and usually also by nurses in a newborn nursery or NICU
(neonatal intensive care unit). If these healthcare providers
deviate from accepted standards in that treatment, medical
malpractice may have been committed, and it could result
in injury to the child. For example, a failure to recognize
the need for and/or timely institute respiratory support
can result in a lack of oxygen to the baby’s brain,
and, could cause brain damage. Another example would be
a failure to timely diagnose and treat jaundice, resulting
in the child sustaining a brain injury. Please see our pages
on “Cerebral Palsy”
and “Jaundice”.
Blume
Goldfaden has attorneys with particular expertise in cases
involving labor, delivery and neonatal care medical malpractice.
Please feel free to contact us with any questions regarding
your possible case.