The single most common scenario that leads to a birth injury lawsuit is when a medical team fails to properly monitor a child during birth, distress arises, the distress is missed, and emergency steps are not taken quick enough to prevent injury or death. Many of the stories we share about children who develop cerebral palsy as a result of birthing complications fit this model. Often, the fetal distress leads to oxygen deprivation which damages the brain and brings about the cerebral palsy.
Unfortunately, sometimes the lack of oxygen continues for too long, making it impossible for the already vulnerable fetus to survive. That is allegedly what happened to a woman during a complicated delivery in 2011 which has led to a new injury lawsuit.
Failure to Perform C-Section
As discussed this week in the Dispatch, the plaintiff in the case is a thirty year old mother who went into the defendant hospital to have labor induced. The mother was forty weeks and two days pregnant, and in order to spur the delivery, she was given inducement drugs. It is important to note that, even before going in for the scheduled inducement, the medical team should have been aware of a few risk factors that existed for the mother. A previous delivery resulted in some complicated, and during this pregnancy she had gestational diabetes. Awareness of those factors may play a role in the lawsuit, as the doctors’ knowledge impacts what is or is not reasonable conduct in any given situation.
Sadly, the delivery in this case also came with complications. According to allegations made in the medical malpractice complaint, there were signs throughout the day that the child was experiencing fetal distress. Though, the mother claims that those signs did not spur the medical team to take any action. It was not until well over thirteen hours after the induction that the delivery actually took place. By then, problems had escalated. The baby was born while not breathing. The baby never actually took a breath and was pronounced dead shortly thereafter.
This was an obvious tragedy for the family, and they eventually began asking questions to figure out what went wrong. Should it have been prevented? Those concerns and unanswered questions soon led them to seek out the help of an attorney. Just last week a malpractice lawsuit was filed.
The main argument made in the complaint which initiated the lawsuit is that the medical team should have noticed the signs of fetal distress far earlier. If they would have done so, steps could have been taken to relieve the stress and prevent the tragedy. More specifically, a C-section could have been performed to relieve the child immediately. But the signs were ignored and the baby did not make it.
This exact chain of events occurs with too much frequency. It is critical that those families affected in this way receive redress for their losses and help to prevent future harm to other patients.
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