Child Birth Injury in Louisiana
There is no moment to compare with meeting your child for the first time. All the nerves and preparation have been building to this moment. However, some have seen their newborns receive injuries due to medical malpractice or negligence. If you have experienced such an event, you should know your rights under Louisiana law to be able to protect yourself and your child.
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 Louisiana.
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 Louisiana 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.
USA Today New Orleans reports that when a child experiences trauma or injury during the birthing process, many hospitals quickly move to blame the mother, if possible, to avoid legal actions. However, studies show that 1 in 8 hospitals have doubled the birthing complication rates of the national norm.
Hospitals try to point to pre-existing conditions, or even poverty, as examples of why medical care goes wrong. However, examination of medical records where negligence is found shows a mix of delayed care, misdiagnoses, and lack of safety measures.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Louisiana. 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. Louisiana 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 childbirth, medical professionals have several tools at their disposal. For instance, if the baby is improperly positioned in the womb, forceps may be used to guide it through the birth canal. When applied correctly, forceps can help prevent oxygen deprivation and reduce the risk of fetal distress, minimizing the likelihood of birth injuries.
However, the use of forceps requires precise care. Improper handling can result in serious injuries, including trauma to the baby’s head or nerve damage in the neck and chest. The attending medical team must exercise utmost caution to ensure the safety of both mother and child during delivery.
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 Louisiana 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 Louisiana?
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
Neonatal Femur Fractures
Very Well Health states that a child’s femur can be fractured if the child is awkwardly grasped and pulled during the birthing process. This generally occurs when the leg is grabbed, twisted, and pulled when trying to remove the baby from the birth canal. Pain when the leg is moved is the general indicator of a fractured femur. If this occurs, the child is generally treated by wearing a Pavlik Harness.
Reducing Risk of Injury
America’s Health Rankings provides several steps that new parents can take to make sure that their child is as healthy as possible when entering into the world. These steps include:
- Reducing maternal obesity
- Improving sleep practices
- Approving access to prenatal care
- Eliminating the use of alcohol or tobacco
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 Louisiana, 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 March of Dimes reports that even though infant mortality rates have fallen by 9% in Louisiana since 2009, the rates remain relatively high. Infant mortality sits at 8.0 deaths for every 1,000 live births. In 2019, over 62% of these deaths occurred in the neonatal stage. If your child has suffered injury during childbirth, you may want to seek the counsel of an experienced attorney in Louisiana.
Work With an Experienced Local Child Birth Injury Lawyer in Louisiana
If you expect birth injury medical malpractice in Louisiana, 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 Louisiana 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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