Child Birth Injury in Montana

Do you know how long Montana law gives someone to start a medical malpractice lawsuit?

Generally, parents with a child who suffered an injury only have two years to sue. This timeline should feel alarming because infants do not always show symptoms immediately. It can take years to recognize an issue caused by negligence by doctors or nurses.

Accordingly, we have created this guide to help you assess your situation. If you believe you have a case, consider connecting with one of the highly-qualified attorneys in our network.

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 Montana .

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 Montana 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.

According to KPAX, there are also significant concerns for the mother’s health in Montana. Data from clinical researchers found that pregnancy-related deaths increased dramatically during the pandemic.

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

  • Cerebral Palsy

Ultimately, cerebral palsy is the result of brain damage. At present, this condition can develop during gestation or due to medical negligence:

  • Dyskinetic cerebral palsy
  • Spastic cerebral palsy
  • Ataxic cerebral palsy
  • Mixed cerebral palsy

As reported by the CDC, 85% to 90% of cerebral palsy cases are congenital. Consequently, your family in Montana can have a lifelong need for medical treatment, supplies, and rehabilitation.

  • Shoulder Dystocia

In some cases, parents may hear a doctor refer to shoulder dystocia as “the turtle sign.” This phrase refers to the infant’s head coming out of the birth canal and then moving backward.

As reported by Healthline, shoulder dystocia during childbirth can require more interventions by a doctor. Moreover, this injury is an emergency that requires immediate attention. However, if it happens due to negligence, you should not have to handle the aftermath alone.

  • Epidural Nerve Injury

While epidurals are generally safe, there are risks to consider. However, malpractice by the anesthesiologist can create undue suffering for the mother. For example, they could make a mistake with the needle or placement of a catheter in the lower back. Other complications mothers in Montana can experience include:

  • Severe headaches
  • Blood clots
  • Nerve damage at the injection site
  • Infections like meningitis, discitis, or osteomyelitis

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

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 Montana , 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.

Childbirth injuries are an unfortunately common occurrence. One study found that 1 in 1,000 live births resulted in bone injuries.

No matter who tries to tell them otherwise, Montana’s parents do not have to accept becoming a statistic. A local attorney could secure a settlement that gives you what you need to deal with what happens next.

Work With an Experienced Local Child Birth Injury Lawyer in Montana

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

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