Child Birth Injury in Alabama
Alabama has a complicated and unfortunate history regarding childbirth. For instance, maternal mortality from 2018–2020 reached 36.2 per 100,000 live births. Thankfully, the state has had more success lowering its infant mortality rate since that time.
Nonetheless, mistakes can happen that change the trajectory of your family’s life forever. Long-lasting consequences of childbirth injury can include paralysis, loss of motor functions, and countless other health problems.
Since hospitals are not volunteering to pay for damages, you may need a local attorney to set things right. Reading our guide today will allow you to understand the essentials and connect with the legal counsel you deserve.
What Causes a Childbirth Injury?
While enduring delivery, was a medical professional negligent towards you and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Alabama.
During the labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. This can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. However, if the Alabama medical provider’s actions go against the standard of care, then it may fit the legal definition of negligence.
To prove birth injury, negligence must have a direct connection to the damage. One of the most unfortunate elements of childbirth injury is not discovering the effects right away. Some injuries are discernible immediately after they happen. However, things that affect the brain may not be evident until developmental milestones come, and are not reached.
Unfortunately, Alabama hospitals have a history of missteps that have led to significant injury and settlements. For example, a jury in Jefferson County delivered a verdict of $16 million for negligence and reckless fraud. The primary reason for these damages was an ill-advised campaign promoting natural births.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Alabama. One of the following examples may apply to your circumstances.
Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Alabama medical professionals may intervene and use a vacuum to assist. The machine is a standard instrument that can help suction the baby down and out of the birth canal. The vacuum attaches to the baby’s head or shoulders. Nurses and doctors are responsible for placing it appropriately. However, sometimes the vacuum is not attached where it should be. This error can cause severe injury to the mother and the infant during childbirth.
Improper Use of Forceps
When complications arise during delivery, medical professionals may turn to tools like forceps to assist. For example, if a baby is improperly positioned in the womb, forceps can help guide the baby through the birth canal. Proper use of forceps is critical to reduce oxygen deprivation and minimize the risk of fetal distress, which can otherwise lead to serious birth injuries.
However, using forceps requires precision and extreme care. Improper use can cause severe injuries, including trauma to the baby’s head or nerve damage in the neck and chest. Medical professionals must adhere to strict standards to avoid these preventable complications.
Hypoxia
Hypoxia is a medical condition that occurs when the brain of a baby is not receiving enough oxygen. The most common cause before and during delivery is the umbilical cord becoming tangled around the baby’s neck.
This condition often occurs due to a damaged or infected placenta. Thankfully, most Alabama medical professionals can identify hypoxia well in advance. As a result, they can intercede to eliminate the chances of the infant or the mother facing harm.
However, if the professional medical staff does not take action quickly enough, asphyxiation may occur. This can result in causing a child to develop severe physical or mental disabilities. Accordingly, medical staff may be liable for any damages that happened.
Cesarean Section Delay
An emergency C-section may be necessary due to an infant fetal distress. This medical event occurs when the heartbeat of the infant drops because of the mother’s blood pressure. In addition, this condition can happen when there is a placental abruption or other breathing difficulties.
In truth, there are several reasons why a doctor may perform a C-section. For example, the baby could be in the wrong position or fail to descend into the birth canal. Another qualifying situation is when the mother has labored without dilation.
In these and other circumstances, the doctor may determine whether this procedure needs to happen. It may be the only way to safely birth the baby without further damage. But, the medical staff may wait too long to perform a cesarean. If so, the consequences for mother and child could be quite grave.
Cephalohematoma
Cephalohematoma is one of the most common types of childbirth injuries. As reported by WebMD, this condition happens in about 2% of newborns.
Cephalohematoma is a bump on your baby’s skull due to damage to blood vessels. This issue is not a life-threatening or long-term problem in most circumstances. But, the improper use of medical devices or birthing complications can make it much worse.
Erb’s Palsy
Erb’s Palsy represents 50% to 60% of brachial plexus injuries during childbirth. It is often a rupture from the plexus to the spinal cord. The result can be paralysis that can require surgery or rehab for treatment.
Generally, Erb’s Palsy happens when the baby’s neck moves in opposite directions. It can happen during a difficult childbirth and arise from mistakes made by the obstetrician.
Hypoxic-Ischemic Encephalopathy (HIE)
HIE occurs when there is a loss of oxygen to the brain during childbirth. Consequently, it can also lead to cerebral palsy. An infant can only withstand short periods of depleted oxygen. However, if it goes on too long, there can be serious brain tissue damage. A few of the risk factors that can cause this asphyxia are:
- Acute maternal hypotension
- Complications with the umbilical cord
- Decreased or blocked blood flow to the brain during childbirth
What Are Some Other Possible Causes of Childbirth Injury in Alabama?
Other types of medical neglect that could result in injuries to the child or the birth mother include:
- Failing to perform sufficient prenatal testing
- Not using labor-inducing drugs timely
- Failing to diagnose or treat infections, umbilical cord entrapment, placental abruption, premature rupture of the membranes or placenta previa
- Not addressing changes in the baby’s condition
Why Should You Take Action for Your Child Birth Injury?
It is essential that any parent whose child has been diagnosed with a birth injury in Alabama, take action to seek financial compensation. The most practical reason to pursue a childbirth injury lawsuit is to protect your financial future. A child and their mother may have to deal with a lifetime of setbacks and disabilities. The costs for treatment, medical equipment, and medications can overwhelm your budget quickly. As well, the trajectory of your life or your child’s can depend on pursuing civil action.
Regrettably, Alabama has a poor history regarding the death of mothers during childbirth. A federal report found that women die due to pregnancy complications at nearly twice the rate of the rest of the country.
Work With an Experienced Local Child Birth Injury Lawyer in Alabama
If you expect birth injury medical malpractice in Alabama, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local child birth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
If you would like to do more research, we can tell you about the basics of other areas of Alabama law.
