The majority of childbirths occur without serious complications and birth injuries. However, newborn victims of medical malpractice can suffer skeletal fractures, organ trauma and failure, hemorrhage, nerve damage, and a variety of injuries that can result in permanent conditions, such as cerebral palsy and paralysis. Whenever a baby suffers these types of devastating injuries, it must be determined whether the medical care was deficient, and if so, whom should be held accountable.
Birth-related medical malpractice can occur anytime a doctor, hospital, or other medical professional fails to provide reasonable care within “the standard of care,” resulting in an injury to the mother or child. For example, it is a form of negligence to fail to monitor the baby’s status pre- and post-delivery. Prior to delivery, a baby’s general health may be monitored by adequate and timely fetal heart monitoring and that requires knowledge and skill to properly interpret the fetal heart monitor tracings or strips.
Other common medical errors that can lead to a birth injury include a failure to:
- Diagnose a serious medical condition of the mother, such as hypoglycemia or preeclampsia.
- Diagnose a disease such as herpes that could be contagious to the baby.
- Identify birth defects.
- Provide hygienic conditions.
- Diagnose ectopic pregnancy in which the embryo is implanted within a fallopian tube.
- Order a cesarean section in a timely manner once it becomes clear that the baby is in distress; and perform that C-section in a timely manner.
- Properly use a vacuum pump or forceps; and to deliver the baby without utilizing excessive force or traction.
- Anticipate birth complications because of the size of the baby.
- Notice that the baby is tangled in the umbilical cord.
- Respond to signs of fetal distress.
- Provide the correct prescription or dosage of medication.
These medical errors are all forms of medical negligence. In such cases, the hospital and the medical professional responsible for the birth injuries may be held accountable for their negligence. An experienced New Jersey birth injury attorney at Blume Forte will be able review the facts of the case and protect victims’ rights.
Please contact us for a no-cost evaluation of your potential claim: (973) 635-5400.