Decades Of Experience In Personal Injury Law

When do birth injuries become medical malpractice?

On Behalf of | Nov 22, 2024 | Medical Malpractice

Birth injuries can be devastating for families, especially when they lead to long-term health issues for the baby. While some birth injuries are unavoidable, others occur because of mistakes made by medical professionals. In these cases, a birth injury may become medical malpractice. It’s important to understand when a birth injury crosses the line and results from negligence rather than natural complications.

Failure to monitor properly

One situation where birth injuries become medical malpractice is when medical staff fails to properly monitor the mother and baby. During labor and delivery, healthcare providers need to closely watch the baby’s heart rate, the mother’s contractions, and other vital signs. If they miss signs of distress or fail to act quickly when complications arise, the baby may suffer injuries that could have been prevented with proper monitoring and timely intervention.

Improper use of delivery tools

Sometimes, doctors use tools like forceps or vacuum extractors to assist during delivery. While these tools can help deliver the baby safely in difficult situations, improper use can lead to serious birth injuries. If a healthcare provider uses too much force or uses the tools incorrectly, the baby may suffer injuries such as skull fractures, nerve damage, or brain injury. When improper use of delivery tools leads to harm, it can become a case of medical malpractice.

Delayed or incorrect decisions

Making the right decisions at the right time is critical during labor and delivery. If medical staff delays important actions—such as ordering an emergency C-section when the baby is in distress—it can lead to severe birth injuries. Additionally, making incorrect decisions, such as giving the wrong medication or failing to address complications like umbilical cord issues, can also result in harm to the baby. These delays or mistakes may constitute medical malpractice if they result in preventable injuries.

Birth injuries become medical malpractice when negligence or improper actions by healthcare professionals lead to harm. Understanding the difference between unavoidable complications and negligence can help parents know when medical malpractice may have occurred.