When an unborn baby succumbs to injuries as well as the mother during the delivery process or labor, on many occasions that harm may be unavoidable. However, there are other circumstances where the doctor’s choice of treatment may be inappropriate in medicine. The physician doctor may have also failed to use proper care and skills during the delivery process. We will focus on the injuries that can be preventable during the birth of a child and what a medical malpractice related to birth may resemble.
Childbirth-related injuries can occur to the newborn baby or the mother. This section focuses on the most common forms of injuries that newborns incur.
Caput succedaneum is a common form of injury that is characterized by the swelling of the baby’s scalp. It is often caused by pressure that we exerted on the head of the baby during a prolonged or difficult vacuum extraction procedure or head-first delivery. A visible bruise can accompany the swelling. However, the condition is often visible after two weeks from delivery.
This is a common type of injury that emanates from vacuum delivery. This condition occurs when blood collects from the cranial bone and the skin. Janice may also induce it. However, it can disappear within few weeks to delivery. For more information, please contact the Maryland Medical Malpractice Lawyer.
Hypoxic –Ischemic Encephalopathy
This is a condition that occurs to the baby when its brain suffers the lack of sufficient oxygen. The result can be brain damage, the death of brain cells, epilepsy, developmental problems, cerebral palsy or death itself if it is not abated properly within time.
The common bone fractures occurring to newborn babies during the child delivery process can be collarbone or clavicle. In some occasions, fractures can be unavoidable. However, they can occur when the doctor played a role in their occurrence. For such occasions, the C-section delivery process would have been the best method.
When Birth Injuries Lead to Legal Actions
It is possible that a physician failed to do something or did something during the childbirth process. That conduct can amount to medical malpractice. However, it is not so simple. The result never confirms that the doctor was involved in the child injury to amount to medical malpractice. In every case involving medical malpractice, it is important to understand the level of care needed in that circumstance. You also need to consider the standard of knowledge and skill needed for an average provider in the same specialty. The medical standard of care is the legal concept for this case.
A childbirth injury that led to the death of the baby would amount to medical malpractice if the doctor did not provide the care needed for a reasonably knowledgeable and skilled health care professional. Such cases can be referred to as wrongful death cases. Some states allow the case to be filed if the death occurred during or soon after birth. In such emotional moments (not to mention the medically and legally complex) cases, it is important to discuss with an experienced and skilled birth injury medical malpractice lawyer.