Child Birth Injury in Arkansas
Did you know Arkansas parents once received $46.5 million for treatment of their baby’s jaundice?
What should be the highlight of a family’s life can turn into a nightmare quickly. The improper use of medical equipment or outright negligence can lead to a lifetime of suffering. Even minor issues that start upon delivery in a hospital can become terrible ailments.
You deserve compensation no matter how much a medical organization may deny wrongdoing. Read our guide today, identify what connects to your situation, and we can set you up with an attorney who can help correct these wrongs.
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 Arkansas.
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 Arkansas 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.
Arkansas residents may also have to wait years for childbirth injury litigation to finish. For example, there is the precedent of an eight-year-old who became blind and brain-damaged during delivery. Eventually, a jury in Independence County awarded her family $6.4 million due to deficient medical care.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Arkansas. One of the following examples may apply to your circumstances.
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Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Arkansas 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.
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Improper Use of Forceps
There are other options when a mother is having difficulty delivering her child. For example, the baby can be improperly positioned in the womb. Attending medical professionals may use forceps to help move it through the birthing canal. Appropriate use of forceps reduces oxygen deprivation. This tool also reduces the chances of fetal distress that can result in birth injuries.
Still, the medical professionals that are birthing a child must use extreme care. The improper use of forceps can cause severe injuries to the head. Additionally, this device can also cause nerve damage in the neck or the chest.
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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 Arkansas 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.
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Cesarean Section Delay
An emergency C-section may be necessary when an infant experiences fetal distress, such as a drop in heartbeat caused by the mother’s blood pressure. This situation can also arise due to complications like placental abruption or breathing difficulties.
There are several reasons a doctor might decide to perform a C-section. The baby might be in the wrong position, fail to descend into the birth canal, or the mother may labor without sufficient dilation. These scenarios can make a cesarean delivery the safest option.
In such cases, the doctor must assess whether a C-section is needed to ensure the safety of both mother and child. However, delays in performing the procedure can lead to serious complications with potentially grave consequences for both.
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Bell’s Palsy
Bell’s Palsy occurs when facial swelling or other damage causes weak facial muscles. The drooping on the left side can cause medical staff to assume they had a stroke. While it can happen with women who are not pregnant, it is much more common in those giving birth.
Research shows this condition is more likely to happen during the third trimester. Moreover, the improper use of forceps on the baby can be the cause. While it is not permanent in most cases, there are cases where there is no cure.
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Skull Fractures During Childbirth
Generally, a baby’s skull only has one-eighth the strength of an adult. As a result, using too much force on their head during childbirth can cause severe problems. While minor fractures can heal with time, other consequences can last a lifetime.
Using forceps or a vacuum for extraction from the birth canal are typical cause. In many cases, the complications should have led to a C-section.
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Infant Jaundice
The Mayo Clinic defines infant jaundice as a yellowing around an infant’s eyes or skin. It is the result of excessive bilirubin in the baby’s blood. It can show up in preterm cases or due to breastfeeding. However, severe bruising during childbirth in an Arkansas hospital can also create this condition. Further complications that can lead to the need for follow-up care are:
- Further yellowing of the skin
- High-pitched crying
- Your infant appears to be sick and has difficulty waking up
What Are Some Other Possible Causes of Childbirth Injury in Arkansas?
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 Arkansas, 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.
CDC data shows an infant mortality rate of 5.4 deaths per 1,000 live births. The unfortunate news is that Arkansas is above this national average. 7 of every 1,000 births result in infant mortality. Furthermore, only 71.5% of babies born had adequate prenatal care. The result is that families in the state can have a higher likelihood of needing legal assistance for childbirth injuries.
Work With an Experienced Local Child Birth Injury Lawyer in Arkansas
If you expect birth injury medical malpractice in Arkansas, 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 Arkansas 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.
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