Some Birth Injuries may be Medical Malpractice Cases
Did something go wrong at the hospital? Is there a possibility that one of the medical providers made a mistake? Of course, there is a potential for any type of human error. However, a lapse in judgment may represent a lifetime of anguish and dependency by the newly born child.
Consider the case of Jerome McLaughlin (not a real name). Jerome has been diagnosed with cerebral palsy. Jerome had a low Apgar score when he was born. He also required resuscitation immediately after birth. What could have gone wrong?
Jerome’s mother remembers thinking that something was not right during her baby’s delivery. She was given medicine to speed up her contractions. The contractions were coming stronger and stronger, and no nurses were in sight. There was a fetal monitoring machine attached to Jerome’s mother, but neither she nor Jerome’s father knew how to read its results. (Of course, it was not their job to interpret them.)
When Jerome’s mother was transferred to the delivery room, the fetal monitoring machine was disconnected for the move. It was never reattached; there is therefore no way of knowing if Jerome was in fetal distress. After the fact, medical experts determined that Jerome must have suffered a hypoxic event, meaning that he was deprived of oxygen at birth. As a result of the deprivation, Jerome suffered an insult to his brain. The end result has been Jerome’s diagnosis of cerebral palsy.
Improper Use of Forceps
Some birth injuries occur because of the manner in which forceps were used by the delivering doctor. Fourteen year old Shelia Warren’s arm has been paralyzed since her birth. Her mother hoped her daughter would get better, but consulted an attorney to see if there was negligence involved in Shelia’s delivery.
Shelia’s mother recalls that the doctor used forceps to help the baby’s vaginal birth. Medical experts determined that the doctor applied excessive traction to Shelia’s head with the forceps. This resulted in a brachial plexus injury, resulting in Erb’s Palsy.
Has Your Child Suffered a Birth Injury?
We have previously provided information concerning the distinction between a birth injury and a birth defect. At the Law Offices of Anthony Carbone, we are empathetic for parents of all children with any issues. If there is a possibility that your child’s medical problems were due to someone else’s negligence, we would like to assist you. Contact us to schedule a meeting to ascertain whether a claim is feasible.