Birth injury lawsuits are governed by medical malpractice, a system of liability that holds medical professionals financially liable for preventable injuries caused by negligence and substandard care.
Civil legal actions are centered on negligence. So, birth injury lawsuits must meet several legal elements to prove that a medical professional was negligent in treating a patient, and that their negligence, more likely than not, led to preventable injuries suffered by a mother or their child.
While there is no requirement that doctors must avoid all injuries related to childbirth, there is a reasonable expectation that they will provide skillful and medically acceptable care. Preventable injuries must be prevented.
As our birth injury attorneys at Beam Legal Team have seen all too often, nurses, doctors, and other health care providers can make costly and unreasonable mistakes that result in serious and sometimes life-altering injuries. As lawyers, it is our job to help those injured by these mistakes. One of our key responsibilities is connecting the birth injury to a provider’s negligence.
The Key Elements in Establishing Fault
While the process of establishing fault is unique to each case, there are general ways in which families can better understand their rights and how birth injury claims work. For example, establishing fault requires proof of several important legal elements:
- A Duty of Care: To build a viable case against any health care provider, that provider must owe a duty of care to the victim. This is generally established when there is a doctor-patient relationship, where a patient agrees to be treated by a doctor and/or medical staff and a specific hospital.
- Breach of Duty: Establishing a “breach of duty” is a critical component of a birth injury case. Essentially, this means that a doctor, or some other health care provider, failed to provide an acceptable standard of care when treating a patient. Proving this element requires a detailed evaluation of what the medical professional or health care provider did that would be considered a deviation from medically applicable standards. For example, medical professionals who fail to appropriately monitor a fetal heart rate monitor, as is the standard in childbirth, may fail to detect signs of fetal distress. This substandard care is a breach of duty because any reasonably skillful medical professional would appropriately monitor heart rate during birth and take steps when needed (e.g., to deliver earlier by cesarean section if necessary) to avoid harm. Our legal team works with many medical experts who can provide testimony in a court of law about what doctors should and should not do, and how a doctor in a particular situation failed to meet the standard of care.
- Causation: A medical provider can be held at fault for causing a birth injury when it can be shown that there is a causal connection between their substandard care and a victim’s injuries. In civil birth injury cases, this connection must be proven by “a preponderance of the evidence,” which means that evidence (provided by medical records, witness testimony, expert witnesses, and other forms of evidence) indicates a medical professional’s substandard care more likely than not caused the victim’s injuries. Proving this element means proving they were at fault for a birth injury. It requires a lot of work and assistance from medical experts who can testify how negligent acts are directly linked to an injury.
Examples of Medical Negligence in Birth Injury Cases
Medical negligence during labor and delivery can have devastating consequences for both the baby and the mother. These actions or inactions by healthcare providers often result in preventable birth injuries that may have lifelong impacts. Below are specific examples of medical negligence that commonly arise in birth injury cases:
- Failing to Perform a Timely Cesarean Section
A cesarean section (C-section) is often necessary when complications arise during labor, such as:
- Signs of fetal distress (e.g., abnormal heart rate or oxygen deprivation)
- Prolonged labor that poses a risk to the baby or mother
- The baby being in an abnormal position, such as breech presentation
Neglecting to perform a timely C-section when medically indicated can lead to severe injuries like cerebral palsy, hypoxic-ischemic encephalopathy (HIE), or even stillbirth.
- Improper Use of Delivery Tools
Delivery tools like forceps or vacuum extractors are sometimes used to assist in a difficult delivery. However, improper or excessive use of these tools can cause:
- Skull fractures, intracranial hemorrhages, or brain damage
- Nerve damage, such as brachial plexus injuries, leading to Erb’s palsy
- Facial injuries or lacerations to the baby
Proper training and care are essential when using these tools, and any deviation from the standard of care can lead to a claim of negligence.
- Medication Errors During Labor and Delivery
Administering the wrong medication or dosage can have serious consequences for both the mother and baby. Examples of medication errors include:
- Incorrect administration of epidurals, leading to complications like maternal hypotension or prolonged labor
- Overuse or misuse of labor-inducing drugs like Pitocin, which can cause uterine rupture, fetal distress, or oxygen deprivation
- Failing to recognize and address adverse reactions to medications given during labor
- Failure to Diagnose and Address Maternal Infections or Complications
Pregnant mothers may experience conditions or infections that, if left untreated, can severely affect the baby. Examples include:
- Untreated maternal infections like Group B Strep, which can lead to neonatal sepsis or meningitis
- Preeclampsia or gestational diabetes that is not properly monitored or managed, resulting in complications like placental abruption or preterm birth
- Failure to identify umbilical cord problems, such as cord prolapse, which can deprive the baby of oxygen and lead to brain damage
The Role of Standard of Care
In all these examples, the core issue is a failure to meet the accepted standard of care that any competent medical professional would provide under similar circumstances. Proving that a healthcare provider’s negligence caused a birth injury often requires thorough investigation, medical expert testimony, and a detailed understanding of the events leading to the injury.
If you suspect your child’s birth injury resulted from medical negligence, seeking legal counsel can help you understand your rights and pursue the compensation your family deserves.
The Importance of Showing the Consequences of a Birth Injury
In addition to establishing fault, our legal team works diligently to illustrate the full scope of damages our clients endured because of preventable birth injuries. Birth injuries can have profound and life-altering consequences.
It is important to consider all damages families have suffered and are likely to suffer throughout their lifetimes. These damages usually include economic losses related to medical bills and the costs of future medical needs, attendant care, and therapy. Also, non-economic damages may include pain and suffering, emotional anguish, loss of quality of life, and loss of companionship or support.
Beam Legal Team Is Here to Help
Over the years, our legal team has leveraged extensive experience and resources to secure more than $1 billion in compensation for families who have experienced a birth injury. In the cases we have handled, we have successfully proven that many different medical professionals, hospitals, and health care providers were at fault for preventable injuries, and liable for our clients’ damages.
If you are considering taking legal action against a negligent healthcare providers, Beam Legal Team offers free consultations to review your options. Contact us today for a free consultation.
Originally published August 25, 2017.
