During labor and delivery, both an expectant mother and their unborn child are at risk. If anything goes wrong, either the mother or the baby could sustain life-altering or deadly injuries. Expectant parents in Maryland and their birth partners need to be ready to advocate for appropriate care in a maternity ward.
They may also need to document the situation carefully and communicate with a legal professional promptly in cases where there are signs of inappropriate medical conduct that may constitute malpractice. Especially in cases where the mother or the newborn sustained birth injuries, adequate evidence can help prove that malpractice was what caused those injuries.
What are the primary red flags for birth injury malpractice?
1. Failing to monitor and address fetal distress
Infants may experience changes during labor and delivery that put their health at risk. Pressure on the umbilical cord or the cord winding around the unborn infant’s neck could cause a lack of oxygen and fetal distress.
Issues with the placenta, other disruptions to oxygen delivery and less common birth complications can affect the fetus’s well-being. If labor and delivery professionals fail to use fetal heart rate monitors or respond promptly to sudden changes in fetal heart rate readings, their negligence could explain why a birth injury occurred.
2. Mistakes when providing interventions
Obstetric professionals often use medical devices to facilitate a live birth. Tools such as forceps and vacuum devices can be helpful in cases involving slow or stalled labor. Doctors may also perform an episiotomy to reduce tearing. Mistakes when using tools can lead to traumatic injuries to the mother or child and preventable, serious medical complications.
3. Delayed emergency C-sections
When a fetus goes into distress or there are other complications, an emergency C-section likely needs to occur as quickly as possible. Current medical standards require that health care professionals attempt to complete the procedure within 30 minutes whenever possible. Unnecessary delays, possibly due to a lack of staff or adequate surgical facilities, can lead to preventable, permanent complications, such as brain injuries for the baby.
Parents who question the standard of care during the labor and delivery process may benefit from sitting down to discuss the situation with a medical malpractice attorney who handles birth injury cases. Reviewing medical records in this way can potentially help to validate that professionals may not have adhered to best practices and can provide initial evidence for a malpractice lawsuit.