Some birth injuries occur despite the best medical care, but others result from medical negligence before, during, or shortly after delivery.
Medical malpractice occurs when a healthcare professional fails to provide the standard of care that another competent provider would have delivered under similar circumstances. In other words, it is a preventable error that causes harm. Malpractice can happen during pregnancy, labor, delivery, and even postnatal care.
Certain conditions are frequently associated with negligent medical care, including:
- Cerebral palsy caused by oxygen deprivation during labor or delivery.
- Erb’s palsy from excessive pulling during delivery
- Brain hemorrhage/skull fracture due to improper use of delivery tools
- Shoulder dystocia complications
Not every instance of these injuries results from negligence. However, these conditions may warrant careful investigation to determine whether malpractice played a part.
Proving Medical Malpractice
Malpractice cases often involve complex medical issues. A successful claim must satisfy four key elements:
- A duty of care existed between the healthcare provider and patient
- The provider breached that duty by failing to follow accepted medical standards
- That breach caused injury or harm to the baby or mother
- The injury resulted in measurable damages, such as medical costs, long-term disability, or emotional distress
Failure to prove just one element will eliminate your right to compensation.
Common Types of Birth-Related Medical Malpractice
While every case is unique, certain medical errors are commonly linked to preventable birth injuries. These include:
- Failure to monitor fetal distress. Medical staff must monitor fetal heart rate and oxygen levels during labor. Delays in responding to warning signs can result in oxygen deprivation and brain injury.
- Delayed C-section. When labor isn’t progressing or the baby is in distress, waiting too long to perform a cesarean section can cause permanent harm.
- Improper use of delivery tools. Forceps and vacuum extractors must be used with precision. Misuse can lead to skull fractures, nerve injuries, or intracranial bleeding.
- Medication errors. Administering the wrong drug or incorrect dosage to the mother can endanger both mother and child.
- Failure to diagnose maternal conditions. Untreated infections, preeclampsia, or gestational diabetes can lead to complications affecting the baby’s health.
It’s often difficult for parents to know immediately whether a baby’s condition resulted from medical malpractice. Some signs appear right after delivery, while others become apparent over time. Possible indicators include:
- A baby not breathing or crying at birth
- Low vital sign scores
- The need for oxygen after birth
- Seizures, limpness, or poor muscle tone
- Bruising or swelling on the head or shoulders
- Feeding difficulties or excessive irritability
- Developmental delays
If you suspect malpractice, request copies of your prenatal, labor, and delivery records as soon as possible. These documents can help establish whether your medical providers followed the proper procedures.
Contact a Houston Birth Injury Lawyer for Help
If you believe your baby’s injury could have been prevented, it’s essential to speak with an experienced birth injury lawyer as soon as possible. While not all poor outcomes result from malpractice, many do. An experienced Houston birth injury lawyer can help you evaluate whether you and your child may have suffered due to malpractice on the part of your medical providers. Contact Hampton & King to schedule a free consultation to learn more about your rights and options.