Typically, when an individual requires medical attention, the medical care received only directly affects the individual. For pregnancies, it is a different story entirely. Medical practitioners administer care to cater to both the pregnant mother and the developing fetus.
As you would agree, health care during pregnancy must follow an extreme line of caution notably because of the delicate recipients. On most occasions, physicians, as expected, are cautious while administering care. Sometimes however, errors may occur. Medical errors are infamous for leading to drastic, long lasting consequences. Errors made throughout pregnancy and during childbirth are even direr. In addition to being long lasting, they are often also irreversible. Grave birthing injuries may result from medical errors and have a permanent effect on the mother and/or the baby.
Medical Negligence and Birthing Injuries
Often, these errors boil down to negligence of the health care practitioner. One of the common preventable birthing injury that results from negligence is cerebral palsy.
Cerebral palsy is a general term used to refer to a range of neurological disorders that impede the movement and co-ordination of an individual. It often occurs because of damage to the developing brain of the child during the pregnancy period or a short while after birth.
Aside the brain, the brachial plexus (an important neural network that occupies an area between the shoulder and neck) of the child may also be damaged due to negligence. The medical term for this birthing injury is erb’s palsy. The characteristic of erb’s palsy is irreversible paralysis of the shoulder and upper arm of the child.
In addition to the two birthing injuries referenced above, medical negligence may cause many other birthing injuries, such as:
- Bruising and scars from forceps
- Cerebral dysfunction
- Excessive bleeding or hematoma
- Hemorrhage around the optic nerve
- Intracranial swelling
- Injury to the spinal cord
- Paralysis of facial features
- Fractures of skeletal features
Common Acts of Malpractice that May Cause Birthing Injuries
Medical negligence occurs when medical practitioners provide substandard care. Obstetrics is a ‘high risk’ specialty, and as such the specialists in this area—obstetricians—are expected to adopt higher care standards.
It matters little if the act of malpractice directly led to harm. This is because the body is a web of connected systems where ripples, often indirect, may result from an action that may appear a bit innocuous. The result is often exacerbation of an existing injury.
Among the most common acts of medical malpractice that may cause birthing injuries are:
- Undue delay to perform caesarean section
- Inducing vasodilation during bleeding
- Substandard response to remedy distress experienced by the fetus
- Not following best practices when using vacuum extractor or forceps
- Not identifying complications correctly that results to failure to diagnose
- Administering medication for inducing labor incorrectly
Unarguably, physicians generally do their best to provide most standard medical care they could possibly provide, and sometimes that may not be good enough. However, there are times when things could have been different if the physician actually provided standard care and did not make an error.
And while the medical practitioner would move on to the next patient, the child, mother, and immediate family would have their lives shaped by the error he or she had made. The consequences would be irreversible and the implication could very well non-ending suffering for the child and immediate family. For starters, medical bills for resuscitation and follow-up medical care for a birth defect can leave a big hole in or be a constant drain to the pocket of the family over time. That’s not where the extensive costs end. The family would have to remodel their home, go the extra mile to provide specialized education, and put up with continuous discomfort from taking care of a child with special needs.
Certainly, these costs should not be borne solely by the parents of the child, and no child should have their lives upended by a doctor’s mistake. Which is why it is necessary to seek the service of an experienced medical malpractice attorney to put together a compelling case on what the future added costs accompanying a birthing injury are. It is imperative that the negligent party pay these damages.
Kenneth Padowitz, P.A. boasts of an experienced and knowledgeable team of Florida birthing injury lawyers that are willing to help with all birthing injury suits. We also maintain an extensive network of the best medical experts complemented by front-line technology to ascertain whether the negligence of others caused the injury incurred by your child.
Kenneth Padowitz and associates have been at the forefront of several birthing injury lawsuits in South Florida, representing clients battered by the grim prospects associated with birthing injury, and helping them to regain their footing. We have a deep understanding of how hard it can be to live with a birthing injury. And we prove that in our continued dedication to help our clients get the maximum compensation they deserve.
Contact our personal injury attorneys today via phone— 954-761-3888 or leave us a message online.