How to Tell If Birth Complications Are a Result of Negligence

Image from Gabriel Tovar on Unsplash 

Birth injuries or complications come in two sets: those that occur naturally, and those that are a result of medical negligence. Both instances can lead to devastating permanent impacts on a child, but those caused by medical negligence can be compensated. If you suspect your child or a child you know sustained birth complications due to medical negligence, you can always pursue compensation through a birth injury lawsuit.

However, for a successful birth injury lawsuit, you must have irrefutable proof that the injuries sustained were a result of negligence. Below, we’ll look at some of the ways you can tell if birth complications are a result of negligence before pursuing a lawsuit. 

Improper Use of Birthing Tools

During natural delivery, doctors may sometimes have to use birthing tools like vacuum extractors and forceps to aid a successful, safe delivery. This often happens if the mother is unable to push the child naturally due to a health condition, fatigue, or if the baby’s heart rate is abnormal. In most cases, doctors use forceps or vacuum extractors to avoid a cesarean section (C-section), which is often riskier and more delicate. 

If you suspect the use of these tools led to terminal injuries to the child, such as brain or spinal damage, you can file a birth injury lawsuit and get compensated. This can include any vacuum extractor or forceps delivery complications that occurred after birth.

Failure to Monitor Fetal Distress Signs

Fetal distress or non-reassuring fetal status (NRFS) is a condition when a fetus experiences changes in heart rate, movements, or exhibits signs of oxygen deprivation during or before labor. If the signs of fetal distress occur during labor, doctors and other medical practitioners involved should be attentive enough to spot them. When these signs are spotted early, doctors can manage the situation, saving the child from bigger complications. The most common fetal distress signs are:

• Inadequate amniotic fluid
• Abnormal heart rates, which could be higher or lower than the normal heart rate
• Longer pauses in fetal movement

Any of these signs should trigger doctors to swing into action and rectify the situation. More often, fetal distress is caused by insufficient oxygen supply to the fetus, causing it to struggle with everyday activities like moving limbs or maintaining a consistent heartbeat rate. 

If you suffer from abnormally low blood pressure, fetal anemia, preeclampsia, low amniotic fluid, and other conditions, you’re more at risk of exposing your fetus to distress. Injuries or death following fetal distress signs that were ignored can be compensated for through a birth injury lawsuit.

Delayed Delivery or Birth Process

While there are several factors that may lead to a delayed delivery or birth process, medical negligence stands out as the most preventable of all. When doctors and nurses delay offering necessary procedures and adjustments during delivery complications, the birth process may be delayed. 

Even if there was an original complication like slow cervical dilation, shoulder dystocia, and weak uterine contractions, doctors need to act fast to restore normalcy. A delay in decision-making can prolong the process, leading to further complications that might threaten the life of the child and mother. Any substantial claims that a birth complication was caused by medical negligence can be compensated through a lawsuit.

Failure to Recommend A C-Section Delivery When Necessary

Upon noticing some pregnancy complications, the doctor should recommend a cesarean section delivery to protect the child and mother from danger. The delivering doctor must consult and communicate with the mother about her condition and why a C-section delivery is important. The mother must be informed of what she needs to make an informed decision and have any close kin sign in agreement before the procedure. A safe C-section is only possible if the delivering doctor acts speedily upon noticing any of these signs:

• Baby or babies positioned unnaturally in the tummy
• Abnormal labor progression or labor dystocia
• Baby or babies are in distress
• There is a prolapse umbilical cord
• There’s a blockage in the birth canal, like a fibroid, a baby with a condition that can cause the head to be abnormally large, or a pelvic fracture
• The placenta is blocking a section of the cervix

If your doctor notices any of these signs but hesitates to recommend a C-section, they may be held responsible for any injury or damage that may follow the delay. 

Failure to Protect the Mother

It’s possible some doctors may focus more on fetal protection than the mother during birth. However, the best practice is to always focus on both the mother’s and child’s well-being until a safe delivery is achieved. When doctors focus only on the safety of the baby, they may expose the mother to injuries and associated complications that may become part of their life forever.

If the birth process presents avoidable risks to the mother’s wellbeing, doctors should find a way of avoiding those risks and achieve a safe delivery. Otherwise, mothers or their families can sue for medical negligence.

If you suspect a birth complication you or your child suffered is due to medical negligence, don’t shy away from seeking legal compensation. All you need is to seek the services of an expert birth injury lawyer to help with the lawsuit. After all, most medical injuries and complications leave permanent damage that victims may have to deal with for the rest of their lives.