A birth injury is a traumatic event that can affect both the child and their family for a lifetime. While some birth injuries are the result of unavoidable complications, others may occur due to medical negligence. In Pennsylvania, parents who suspect their child’s injury was caused by medical malpractice may wonder how to determine whether negligence played a role in the outcome. Understanding the signs of medical negligence in birth injuries is crucial for determining whether you have grounds for a legal claim.

This blog post will walk you through the steps to help identify if your child’s birth injury was caused by medical negligence and what to do if you believe this is the case.

Understanding Birth Injuries and Medical Negligence

First, it’s important to clarify what a birth injury is. A birth injury refers to harm done to a newborn or mother during the labor and delivery process. While some injuries are preventable and happen due to unforeseen complications, others result from the improper actions or omissions of healthcare providers. Medical negligence, in this context, occurs when a healthcare professional fails to provide the standard of care that a reasonable medical professional would offer under similar circumstances.

Common birth injuries that may result from medical negligence include:

• Cerebral palsy: A neurological condition caused by brain damage during childbirth, often linked to a lack of oxygen or improper use of forceps or a vacuum during delivery.
• Brachial plexus injury: Damage to the nerves controlling the arms, often resulting from excessive pulling or improper positioning during birth.
• Fractures: Broken bones, such as a clavicle fracture, due to improper handling or use of excessive force during delivery.
• Caput succedaneum: Swelling of the soft tissues of the baby’s head, which can occur when a vacuum extraction or forceps are improperly used.

Recognizing if any of these injuries were caused by medical negligence is key to understanding whether you might have a claim for compensation.

Indicators That Medical Negligence May Have Played a Role

Several factors may indicate that medical negligence contributed to your child’s birth injury. While each case is different, here are some common signs:

1. Delayed or Improper Response to Complications

If medical professionals failed to respond promptly or appropriately to complications during labor, this could be considered negligence. For instance, if there were signs of fetal distress that went unaddressed or if there was a delay in performing a cesarean section when it was needed, this might be a sign that the care team was negligent.

1. Failure to Monitor the Baby’s Condition

Doctors and nurses are responsible for monitoring the baby’s vital signs during labor, especially when high-risk factors are present. If the healthcare team failed to monitor the baby’s heart rate or oxygen levels, it could lead to conditions like cerebral palsy. If a failure to monitor is present in your case, it could point to medical negligence.

1. Improper Use of Delivery Tools

Forceps and vacuum extraction devices are sometimes used to assist in the delivery process. However, when these tools are used improperly or with excessive force, they can cause injuries to the baby. In some cases, the incorrect use of these tools may result in nerve damage, fractures, or brain injury. If you suspect your child’s injuries were caused by improper handling of delivery instruments, it may indicate negligence.

1. Inadequate Communication Among Healthcare Providers

Effective communication between healthcare providers is vital, especially in high-risk situations. If there was a breakdown in communication that led to mistakes or missed warnings, this could be considered negligence. For instance, if the medical team failed to communicate important changes in the baby’s or mother’s condition, it could have contributed to the birth injury.

1. Failure to Recognize Risk Factors

Certain risk factors, such as a breech presentation, large baby size, or maternal health conditions, can increase the likelihood of birth injuries. If your healthcare providers failed to identify these risk factors or didn’t take appropriate precautions, this may point to negligence. For example, if your healthcare provider failed to recommend a cesarean section for a breech birth when it was indicated, they may have been negligent.

1. Lack of Informed Consent

In some cases, medical negligence can occur if the healthcare provider did not properly inform the mother of the risks associated with certain procedures. For example, if forceps or vacuum extraction were used without the mother’s understanding of the risks involved, this could be a violation of informed consent, potentially leading to a birth injury.

1. Post-Delivery Complications Due to Mistakes During Birth

Some birth injuries may not be immediately apparent but become clear after the child’s birth. For instance, if your child’s symptoms, such as trouble moving limbs or abnormal muscle tone, weren’t properly investigated right after birth, this could point to medical negligence. Ignoring or downplaying these symptoms can delay necessary treatment, worsening the condition.

Gathering Evidence to Support Your Claim

If you believe your child’s birth injury was caused by medical negligence, gathering evidence is essential for building a strong case. This process may involve:

• Medical records: Request copies of all medical records, including notes, test results, and documentation of the labor and delivery process. Any inconsistencies or missed opportunities for intervention may be critical evidence.
• Expert testimony: Consulting with medical experts, such as obstetricians or pediatricians, who can review the facts of your case and provide an opinion on whether the standard of care was met. Expert testimony is essential in establishing whether the actions of healthcare providers were negligent.
• Witness statements: Statements from nurses, other medical staff, or even family members who were present during the delivery may provide valuable insight into what transpired during the birth process.
• Child’s medical condition: Keep track of any ongoing medical issues your child faces, as this can help demonstrate the long-term effects of the birth injury.

What to Do If You Suspect Medical Negligence

If you suspect that your child’s birth injury was caused by medical negligence, it’s crucial to take the following steps:

1. Seek medical attention immediately: Ensure your child receives the best care possible to address any ongoing health concerns. Prompt care can also help demonstrate that you took the injury seriously and acted to prevent further harm.
2. Consult with a birth injury attorney: Reach out to a personal injury lawyer who specializes in medical malpractice and birth injury cases. They can help you navigate the legal complexities and ensure your rights are protected.
3. File your claim within the statute of limitations: In Pennsylvania, the statute of limitations for filing a birth injury lawsuit is typically two years from the date of the injury. It’s important to act within this timeframe to ensure your claim is considered valid.

Conclusion

Determining if your child’s birth injury was caused by medical negligence can be complex. However, understanding the signs and working with a knowledgeable attorney can help you uncover the truth. If you believe your child’s injuries were the result of negligence, it’s essential to act quickly to protect your rights and pursue the compensation your family deserves.

At Kingbird Legal, we understand the challenges you’re facing. Our experienced team is here to provide you with the guidance and support you need in your birth injury case. Contact us today to schedule a consultation and learn more about your legal options.