There is no worse type of New York medical malpractice than birth injuries. When a newborn does not get his or her fair chance at life due to a healthcare provider’s negligence, this is very serious medical malpractice. Many types birth injuries can be completely avoided by better preparation, the requisite skill, and the proper training.
When these things are not performed, very serious birth injuries are possible and even likely. There are three general causes of birth injuries due to medical malpractice when healthcare providers fail to follow the standard of care. These three causes are general and can cause significant pain and suffering to the newborn, but also to the mother.
One general cause of a birth injury is a delayed birth. This could be when there is fetal distress signs, but the healthcare staff fails to recognize them or treat them in a timely matter. This could be pre-labor or when labor contractions begin. This could also be during the labor process, particularly during a difficult, lengthly, or complicated labor. The longer the labor process goes, the more trauma the baby—and mother—are going through. This can result in contractions which compress the cord, thus limiting the supply of oxygen to the baby. This could also compress the head, which may cause brain damage and also limit the oxygen supply. Sometimes physicians do everything they can to avoid a c-section. This includes where a family practitioner wants a natural birth to get credit for (and paid for) the delivery, however, there should be a c-section by an OB-GYN instead.
Another general cause of a birth injury is oxygen deprivation. This goes hand-in-hand with the first one, but occurs in other situations which are not necessarily caused by a delayed birth. Oxygen deprivation could come from a compress or prolapsed umbilical cord, which would require immediate intervention. This could be due to internal forces, such as a low-birth weight baby, the baby’s positioning, or underdeveloped lungs or a heart. This could also be due to complications with the mother, such as narrow hips or pelvis, small birth canal, or being very overweight or very underweight.
The third general cause of birth injuries is improper procedure, training, or protocol during a birth. This broadly includes just medical negligence, but more specifically healthcare provider error. An example would be attempting to pull out the baby with too much force, which can cause brachial plexus injuries (tearing of the nerves in the arm), broken bones, and even brain damage. These injuries can be temporary or permanent, and can last for months or a lifetime.
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