Child Birth Injury in New Hampshire

Do you know the statute of limitations for medical negligence in New Hampshire? Current state law gives victims of malpractice three years to file litigation.

While this may sound like a reasonable amount of time, there are complications to consider. For instance, a childbirth injury may not become apparent right away. You could be close to this deadline when you discover a mistake by an obstetrician caused suffering.

Furthermore, the wheels of justice often turn slowly. If you believe you may need legal counsel, consider the details in this guide carefully. Understanding these details and connecting with an attorney may give you the resources your family needs for a lifetime of care.

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 New Hampshire.

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 New Hampshire 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.

There is also a notable precedent for juries awarding damages for injuries sustained by the mother. In 2022, the New Hampshire Union Leader reported on a $5 million case for a botched surgery.

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

  • Skull Fractures

Fracturing an infant’s skull is often the result of medical negligence during a strenuous live birth. The severity ranges from a split in the bone to an indentation. Forceps, vacuums, or excessive force by the obstetrician are causes of this ailment.

Your child may need surgery to correct the fractures, depending on the circumstances. This procedure and other complications could result in months, years, or a lifetime of medical care. These situations more than justify considering legal action against the hospital.

  • Periventricular Leukomalacia (PVL)

PVL can happen during the third trimester or a premature birth. In fact, some studies suggest it arises in up to 75% of preterm infants. There is also a significant possibility it can occur due to medical negligence.

Periventricular leukomalacia can be evasive to diagnose for a couple of critical reasons. First, it can take months before the symptoms emerge. In addition, obstetricians can mistake the signs for other complications.

  • Klumpke Paralysis

The trauma of childbirth can lead to tearing, scarring, or stretching of the nerves of the neck. These injuries can cause klumpke paralysis because of damage to the nerves in the brachial plexus. More often than not, excessive twisting or other force used to pull the baby from the birth canal are the root cause. Other risk factors parents in New Hampshire will want to know are:

  • Breech position birth
  • Maternal diabetes
  • Substantial birth weight

What Are Some Other Possible Causes of Childbirth Injury in New Hampshire?

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 New Hampshire, 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.

New Hampshire has its share of challenges regarding childbirth injuries. For example, the United Health Foundation ranks the state 32nd in the U.S. for low-risk cesarean deliveries.

You are not alone if you or a loved one have suffered complications. Moreover, you have a right to hire legal counsel and pursue financial compensation.

Work With an Experienced Local Child Birth Injury Lawyer in New Hampshire

If you expect birth injury medical malpractice in New Hampshire, 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 New Hampshire 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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