Child Birth Injury in Sioux Falls, SD
Very few people, if any, are ever truly prepared to be a parent. Reading books, taking classes, asking advice from your parents and loved ones are all great things to do, but no one is ever fully prepared for how their lives will change once a child comes into the world.
Injuries during childbirth are not always the fault of the medical team. But if there has been incompetence or negligence at play, you should be well aware of your rights. If your child has been injured during childbirth, you may want to engage the services of an experienced attorney in Sioux Falls to help you press your rights.
What Causes a Childbirth Injury?
Was a medical professional you trusted negligent and did damage occur as a result? If so, affected parents have a chance of bringing a medical malpractice lawsuit for compensation in Sioux Falls, SD.
During any labor and delivery process, timing and action are two crucial elements. Sometimes an infant suffers a birth injury. It can mean that a medical practitioner either made a poor judgment call or failed to act appropriately. If the Sioux Falls 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 are not reached.
South Dakota has a large Native American population, but the hospitals on reservations are severely understaffed. Therefore, the pre-labor care and education that native american women receive at these hospitals is often severely lacking. News Center 1 reports that a woman on the Rosebud Indian Reservation was sent home from the hospital after the staff told her she was not having contractions, and prescribed her with antibiotics. She wound up delivering her child on the floor of the bathroom. She was later given a $150,000 settlement by the U.S. Government.
Beyond this, there are quite a few scenarios that may cause a child to sustain an injury while being born in Sioux Falls. 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. Sioux Falls medical professionals may intervene and use a vacuum to assist. This 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.
In this case, attending medical professionals may use forceps to help move a baby 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.
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 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 Sioux Falls, South Dakota 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 the 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 Sioux Falls?
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
Lack of Prenatal Care
The National Library of Medicine states that the lack of proper prenatal care, and the lack of exposure to this care from medical providers, can be devastating to a child. If proper prenatal care is not taught, offered, and observed, it can lead to premature births, low birth weight, infections for both mother and child, and even death for the mother and child. These deaths can generally be attributed to preventable infections during the perinatal and postnatal periods.
Infections are a nasty way to begin a life, and can be especially threatening to newborn without fully developed immune systems. Mothers are also weakened from labor and can have a harder time fighting off infections. According to the National Health Service, infections such as chicken pox, CMV, and Group B Streptococcus are incredibly dangerous for an unborn child. In addition, animal transmitted viruses such as toxoplasmosis or Hepatitis E, are also extremely dangerous.
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 Sioux Falls, 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 South Dakota Department of Health states that the infant mortality rate is one of the highest in the U.S. According to the DOH, there are 7.75 infant deaths during the neonatal phase of life per every 1,000 live births that occur. Sioux Falls residents should be aware that there has been an increase in infant mortality during the period of 2009 to 2019.
Work With an Experienced Local Child Birth Injury Lawyer in Sioux Falls, South Dakota
If you suspect child birth injury medical malpractice in Sioux Falls, you should take action. 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 South Dakota 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!