The birth of a child is often considered one of the most joyous events in one’s life. Most of the time births occur without incident or complications. However, if a healthcare provider commits medical malpractice during the labor or delivery, a host of injuries to both the child and mother may occur. These injuries include but are not limited to brain injury, nerve injuries, soft tissue tears/fistulas, sterility, and even death.

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.