Child Birth Injury in Wisconsin
Many people dream of the day they will be a parent. Holding their newborn in their arms, and watching milestones like walking and talking. They dream of the day their children will hang artwork on the fridge, take their driver’s test, and walk down the aisle. However, many people can wake up from this dream if their child incurs an injury during the birth process. If this has happened to you, you may want to engage the services of an experienced attorney in Wisconsin.
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 Wisconsin.
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 Wisconsin 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.
The Wisconsin Department of Health Services has recently launched a program, in concordance with the CDC, to combat both infant mortality, and mortality to mothers during the birthing process. The Pregnancy Risk Assessment Monitoring Systems, or PRAMS, collects state-wide data on maternal experiences before, during, and after pregnancy to improve maternal and infant health outcomes.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Wisconsin. One of the following examples may apply to your circumstances.
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Improper Vacuum Usage
Sometimes a mother has difficulties delivering a baby through the birth canal. Wisconsin 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.
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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.
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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 Wisconsin 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.
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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 Wisconsin?
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
Placental Abruption
According to the March of Dimes, if placental abruption occurs the mother can experience intense pain and serious bleeding. Placental abruption is an incredibly serious disorder that can occur during pregnancy. It is highly associated with trauma to the abdomen during pregnancy such as with a fallor an auto accident. If this occurs, the placenta can detach from the uterine wall before birth. This can lead to oxygen deprivation for the baby.
Femur Fracture
While increasingly rare, Sage Journal states that you can have an occurrence where a child’s femur is fractured upon delivery. Fractures in infants generally occur when the medical staff has used too much force to remove the child from the birth canal during a difficult delivery. It is important to set an infant femur fracture correctly, as failing to do so could result in compartment syndrome.
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 Wisconsin, 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.
March of Dimes Wisconsin states that the state has an infant mortality rate of 5.9 infant deaths per every 1,000 live births. This is a nearly 2% decline over the course of the previous decade. Still, if you, or your loved one, has received an injury during childbirth, you may want to seek the counsel of an experienced Wisconsin attorney.
Work With an Experienced Local Child Birth Injury Lawyer in Wisconsin
If you expect birth injury medical malpractice in Wisconsin, 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 Wisconsin 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!
If you would like to know more about other areas of law in Wisconsin then we’ve also got you covered!