Birth Related Trauma / Injuries
A “birth related trauma” occurs any time a fetus or new born baby is injured during child birth.
Oxygen deprivation is one common cause of birth injury. Lack of oxygen during child birth has been linked to cerebral palsy, brain damage, developmental/cognitive disorders, vision disorders and seizures.
Other common causes of injury during child birth are the negligent use of forceps and vacuum. The negligent use of a forceps can cause skull fracture among other injuries. An improperly used vacuum may cause a brain bleed.
Fortunately, the number of birth injuries has greatly decreased in recent years due to the development of guidelines, standards of care, monitoring techniques and equipment. Adherence to standards and guidelines and efficient
utilization of monitoring techniques and devices can help prevent birth related injures or at least help the health care providers be appropriately prepared for their manifestation.
Even while birth injuries have been greatly reduced in number (estimated to be 7 in 1,000 U.S. births), they wreak havoc on all involved. The injuries are often catastrophic to the baby, family and medical community.
As with any negligence action, the party representing the injured baby must prove a breach of duty. Some common breaches of duty leading to birth trauma are:
- A medical practitioner’s failure to appropriately monitor or interpret data;
- A nurse’s failure to communicate the data to a doctor;
- A practitioner’s failure to act on information;
- A practitioner’s failure to adhere to guidelines and standards of care;
- A practitioner’s failure to anticipate and prepare for resuscitation or to provide prompt and appropriate resuscitation.
Research and development of available resources and guidelines have resulted in the dramatic decrease in birth injuries but these advances are only as good as the practitioners using them. They provide medical practitioners with a working knowledge base and instrumentation to avoid the avoidable and be prepared for the unavoidable.
It is a clinical knowledge base, a solid training, a repertoire of educational and clinical experiences, appropriate use of available monitoring devices, keen judgment and the adherence to the available guidelines and standards of care that practitioners (physicians, physician assistants, nurse practitioners, midwives and nurses) all must possess to continue to provide the care that each fetus and their family deserve.
Attorneys at the Hohauser Law Firm can help you through the painful process of deciphering what, if anything went wrong during your child’s labor and delivery. We have a wide range of medical experts with whom we consult in analyzing every case. We understand how your entire family has been affected and we are here to offer legal advice, counsel and support.