There is no moment to compare with meeting your child for the first time. All the nerves and preparation have been building to this moment. However, there are those who have seen their newborns receive injuries due to medical malpractice or negligence. If you have experienced such an event, you should know your rights under Wyoming law to be able to protect yourself and your child.
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 Wyoming.
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 Wyoming 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 National Library of Medicine released a brief regarding injuries that occur during childbirth, for both infants and their mothers. According to the brief, the majority of these injuries are preventable through proper screenings and education. To this end, the Wyoming Department of Health is striving to expand access to its Women’s and Infant’s Health Programs throughout the state.
Even further, there are quite a few scenarios that may cause a child to sustain an injury while being born in Wyoming. 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. Wyoming 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 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 Wyoming 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 Wyoming?
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
Premature Rupture of Membranes
PROM is said to occur when the membranes surrounding the womb that hold back the amniotic fluid break. This will generally happen on its own in labor, but there are cases of it happening before the mother is ready to go into labor. Mediline states that this can sometimes be attributed to infection, or if you had a previous PROM in an earlier pregnancy.
The Birth Injury Help Center states that newborns can develop a condition where a small pool of blood forms just underneath the baby’s scalp. This is generally the result of too much pressure being put on the child’s head during a vaginal delivery. While these are rarely serious, if not properly monitored they can lead to other complications, such as infections or anemia.
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 Wyoming, 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 CDC states that the infant mortality rate for the state of Wyoming is 4.9 infant deaths for every 1,00 live births. In addition, the March of Dimes reports that over 10% of live births in the state are premature. If your child has been injured during the birth process, it may be your best course of action to contact an experienced attorney in Wyoming.
Work With an Experienced Local Child Birth Injury Lawyer in Wyoming
If you expect birth injury medical malpractice in Wyoming, 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 Wyoming 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!