Birth Injuries Tragic Form of Malpractice

Medical malpractice occurs when a physician or some other healthcare provider fails to act reasonably under the circumstances, and the unreasonable conduct results in harm. When a medical practitioner's conduct hurts an infant, the malpractice is especially tragic.

While most of the 2.7% of births that result in a birth injury in the United States are minor and cause only bruising, the more serious injuries can result in lifelong developmental and physical disabilities. A newborn’s bones and nerves are relatively vulnerable to fractures and other damage.

Lifelong developmental disabilities or neurological disorders that result from medical malpractice include cerebral palsy, autism, epilepsy, learning disabilities, mental retardation, and brain damage. In such cases, the newborn and its family will likely endure severe, long-term emotional and financial hardships.

Cerebral Palsy

The most common birth injury resulting in legal action is cerebral palsy (CP), a condition that is actually a group of disorders in which the victim’s ability to control his or her body is impaired. Birth asphyxia, one of the primary causes of non-genetically induced CP, can occur when medical staff fails to properly conduct electronic fetal monitoring or other post-birth observations.

Doctors must be prepared for potential birth asphyxia during delivery, which occurs when the infant does not receive enough oxygen. One option doctors have to reduce the likelihood of birth asphyxia is to perform a c-section (cesarean section). The failure to do so when warranted may constitute medical malpractice. Other common preventable errors include:

• Mishandling an infant with shoulder dystocia, which is when the infant’s shoulder becomes lodged in the mother’s pelvis. This can stretch the brachial plexus, a network of spinal nerves that enter the base of the skull. A child with brachial plexus birth injuries may suffer Erb’s palsy, Klumpke Palsy, and CP, among other disabilities.
• Misdiagnosing gestational diabetes, which can result in an oversized baby requiring specialized care.
• Inducing labor too late.
• Misusing medical instruments, such as forceps during a c-section.
• Incorrect medication