Child Birth Injury in South Dakota

For many people, holding their child in their arms for the first time is a dream come true. Holding your child gives you a connection to the future. However, some people feel robbed of their future if their child has been injured during the delivery process due to gross negligence or medical malpractice. If you have gone through such a scenario you may want to reach out to an experienced attorney in South Dakota.

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 South Dakota.

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 South Dakota 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.

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.

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

What Are Some Other Possible Causes of Childbirth Injury in South Dakota?

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

Clavicle Fracture

Stanford Children’s records that clavicle fractures are the most common injury sustained by children when going through forced labor. This can occur if there is trouble getting the baby through the birth canal, or if the child is a breach born and turned the wrong way. If the clavicle is fractured, the child will not move the arm on the side of the injury.

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.

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 South Dakota, 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. The infant mortality rate in South Dakota has increased from the period of 2009 to 2019.

Work With an Experienced Local Child Birth Injury Lawyer in South Dakota

If you expect birth injury medical malpractice in South Dakota, 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 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!