Child Birth Injury in Nebraska
Is your family facing an unknown financial future due to a childbirth injury?
The Merck Manual asserts that minor injuries are a regular occurrence for live births. But, there can also be heavy problems due to broken bones or nerve damage. These afflictions can necessitate a lifelong series of costly medical treatments.
Nebraska families need to take action swiftly to avoid bill problems because of these ailments. If you believe these issues happened because of negligence, you will need the information we’ve compiled below.
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 can bring a medical malpractice lawsuit for compensation in Nebraska.
Timing and action are crucial elements during the labor and delivery process. 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 Nebraska medical provider’s actions go against the standard of care, then they may fit the legal definition of negligence.
To prove birth injury, negligence must directly connect 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.
Brain damage during childbirth has led to sizable judgments against hospitals in Nebraska. For instance, there was a $17 million verdict in 2015 due to injuries suffered by a girl in Omaha.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Nebraska. 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. Nebraska 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 Nebraska 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 become necessary if an infant experiences fetal distress. This can occur when the baby’s heartbeat drops due to complications like the mother’s low blood pressure, a placental abruption, or breathing difficulties.
There are many scenarios in which a doctor might decide to perform a C-section. For instance, the baby may be improperly positioned or unable to descend into the birth canal. Another common reason is when the mother’s labor progresses without dilation, making a natural delivery impossible.
In these cases, a C-section may be the only safe option to deliver the baby and avoid further harm. However, if the medical team delays the procedure, the consequences for both the mother and child could be severe, potentially leading to long-term health complications or worse.
Facial Paralysis
Nerve injuries to a newborn’s face can result in losing control over muscle function. The use of forceps during delivery can create this condition. Furthermore, other risk factors Nebraska parents will want to acknowledge are:
- Prolonged labor
- Epidural anesthetic
- Large baby size
- Medication meant to cause stronger contractions
According to Medscape, congenital facial paralysis can lead to lifelong complications. The challenges your newborn can face include issues with their speech, mastication, and expression of emotions.
Caput Succedaneum
Caput succedaneum is a relatively minor complication for most births. However, there are times when doctors can detect it around the 31st week of pregnancy. This injury can come about as a result of a lack of amniotic fluid or ruptures of the membrane. A few associated symptoms include swelling around the scalp, color changes, or bruising.
Stillbirth
While a stillbirth in a Nebraska hospital may be due to negligence, proving the linkage may be difficult. Multiple causes can contribute to its occurrence. Moreover, there is a wide range of risk factors that include:
- Obesity
- Substance abuse
- High blood pressure
- Prior birth complications
- Intrahepatic cholestasis of pregnancy (ICP)
As reported by March of Dimes, there are medical tests to help establish the cause. These procedures can help prevent it from happening again, but they may also unearth malpractice.
What Are Some Other Possible Causes of Childbirth Injury in Nebraska?
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 Nebraska, 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 Nebraska Department of Health and Human Services reports a child mortality rate of 5.6 per 1,000 births. While the state remains committed to lowering this statistic, many families will suffer annually. When preventable tragedies like this happen, you may deserve compensation for this immense pain.
Work With an Experienced Local Child Birth Injury Lawyer in Nebraska
If you expect birth injury medical malpractice in Nebraska, 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 Nebraska 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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