Child Birth Injury in Idaho

Going through traumatic childbirth is beyond stressful. Even worse, parents have a limited amount of time to start litigation. Idaho Statutes limit medical malpractice lawsuits to two years from the qualifying incident.

As you may know, complications from medical negligence do not always appear immediately. It may be too late by the time you realize something is wrong. Accordingly, if this article rings true to you, request a meeting with a local attorney today.

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 Idaho.

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 Idaho 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.

Parents in Idaho should also know that there is precedent for significant childbirth injuries. For instance, The Sandpoint Reader had a shocking report on a midwife charged with the death of an infant. Terrible events like this have justified settlements in the millions of dollars in the past.

Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Idaho. 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. Idaho 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

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.

  • 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 Idaho 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.

  • Klumpke Palsy

Parents may know this condition as Dejerine-Klumpke palsy or lower brachial plexus palsy. While rare, it can have devastating effects on a newborn. Symptoms that can materialize are:

  • “Claw hand”
  • Muscular atrophy in the hand or arm
  • Stiffness in the joints

While rare, Klumpke’s palsy can happen during a challenging vaginal birth. The risk of this happening is significantly higher when the mother and baby are overweight. Additionally, breech birth or improper use of medical tools are notable contributors.

  • Stillbirth

Establishing whether a stillbirth happened due to medical negligence in Idaho can be elusive. For starters, many mitigating factors can lead to this tragic event. Moreover, losing a child this way happens during 1 in 160 childbirths.

As a result, you will need to share everything you can about the circumstances with a local attorney. Otherwise, a lack of detail could make it nearly impossible for them to do their job.

  • Facial Paralysis

Johns Hopkins Medicine indicates nerve injuries to the face during childbirth can cause significant problems. One or both sides of a baby’s face can lose muscle control. This condition can be congenital or the result of medical malpractice in Idaho. A few of the symptoms parents will want to look for are:

  • Problems with feeding
  • Speech problems
  • Excessive drooling
  • Inability to blink

What Are Some Other Possible Causes of Childbirth Injury in Idaho?

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 Idaho, 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.

There are also statistical reasons for parents in Idaho to have concerns about childbirth injuries. For instance, the state’s cesarean rates are below the Healthy People 2020 target. This medical procedure can cause significant issues, especially if medical staff delays it for too long.

Work With an Experienced Local Child Birth Injury Lawyer in Idaho

If you expect birth injury medical malpractice in Idaho, 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 Idaho 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!

Is there another chapter of Idaho law that you would like to look into? Then check out more of our site!

Auto Accident Injury

Bankruptcy

Business Law

Child Custody

Child Support

Consumer Law

Copyright Law

Criminal Defense

Debt Collector Harassment

Divorce Law

DUI Law

Employment Law

Eviction Law

Foreclosure Defense

Identity Theft

Immigration Law

Insurance Claims

Lemon Law

Medical Malpractice

Nursing Home Abuse

Patent Law

Personal Injury Law

Power of Attorney

Probate Law

Property Disputes

Real Estate Law

Social Security Disability

Tax Law

Traffic Law

Vaccination Injury

Workers Compensation

Workplace Discrimination

Wrongful Termination

Wills and Trusts

How It All Works

Call us or answer the questions on this site. Your category, location, and additional information will help us connect you to a legal professional and we’ll send you the results instantly.

Which Areas of Law?

We have attorneys in over 20 legal categories to choose from.

How Much Does This Cost?

We don’t charge you to be connected. Some legal categories require upfront fees while others do not. The legal professional will determine this with you before you commit to anything.