Child Birth Injury in Delaware
Becoming a parent changes people. It is a singular moment that transforms an individual from irresponsible to responsible. From selfish to selfless. From living a life for themselves to living a life for someone else. It is a seminal moment.
This moment can be dashed, however, if your newborn child receives injury due to medical malpractice or negligence. Fractures, paralysis, and even death of the child is not unheard of in Delaware. There could also be complications with the mother’s recovery.
If you have experienced a scenario such as this, you may want to contact an experienced Delaware attorney to help you fight for your family.
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 Delaware.
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 Delaware 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.
Delaware Online reports that recently an OBGYN in Dover was forced to pay $3 million in a lawsuit stemming from injuries received during childbirth. The OBGYN pulled a child from the vaginal canal in 2008 by his head, causing permanent paralysis of his right arm. The doctor performed the procedure without ever explaining to the mother the risks that may be involved with such a decision.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Delaware. 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. Delaware 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 a mother has difficulty delivering her child, medical professionals may use tools like forceps to assist. For example, if the baby is improperly positioned in the womb, forceps can help guide the baby through the birth canal. When used appropriately, forceps can reduce oxygen deprivation and lower the risk of fetal distress, which might otherwise lead to birth injuries.
However, using forceps requires extreme care. Improper use can result in severe injuries, such as head trauma, or cause nerve damage in the neck and chest. Medical professionals must exercise caution to avoid these potentially life-altering 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 Delaware 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’s 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.
What Are Some Other Possible Causes of Childbirth Injury in Delaware?
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
Failed Induction
The Mayo Clinic reports can bring a host of other problems to both mother and child. An induction is considered a failure if it does not result in a vaginal delivery within 24 hours. Certain methods of induction, such as rupturing the surrounding membranes, can lead to infection and even a low fetal heart rate. If an induction fails, a cesarean, or C-Section, is almost always necessary.
Cord Compression
Cord compression occurs when the umbilical cord becomes stretched and compressed during labor, restricting blood flow to the infant and causing sudden short drops in the fetal heart rate. The American Pregnancy Association states that prolonged cord compression can lead to a buildup of CO2 in a child’s bloodstream, and produce respiratory acidosis.
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 Delaware, 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.
The Delaware Vital Statistics Executive Summary lauds the fact that there was a nearly 10% drop in infant mortality for the state from 2000-2017. During this time the infant mortality rate went from 9.3 infant deaths per 1,000 live births to 7.3. To further combat this, Delaware has started the Infant Mortality Program to help further reduce the risk of a child dying before the one-year mark.
Work With an Experienced Local Child Birth Injury Lawyer in Delaware
If you expect birth injury medical malpractice in Delaware, you should take action. Cases can vary sharply depending on the state in which the injury occurs. Find a local childbirth injury lawyer to navigate the often difficult waters of birth injury lawsuits. We can even help you connect with an attorney across Delaware 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. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.
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