Birth
Injury Attorney Services
Delivering
a baby is usually a time of miracles and joy. Bringing
a child in the world is perhaps simultaneously the most
rewarding and fulfilling experience a parent will ever
have. There is no other feeling like hearing –
for the first time – the cry of a newborn. But
when a physician makes a mistake in delivering a baby,
the consequences are usually grave.
The doctor delivering your baby is required to meet
a certain level of conduct under the law known as the
standard of care. The standard of care requires that
your doctor uses the same degree of skill and education
that is ordinarily used by other doctors under the same
circumstances. This simply means that your obstetrician
should uphold the same standards maintained by other
obstetricians in the same situation. If your doctor
fails to meet those standards, he or she may be negligent.
Unfortunately, there are many complications that can
arise during childbirth due to the negligence of the
doctor delivering the baby.
Common birth injuries may include cerebral palsy, Erbs
Palsy, asphyxia, and hypoxic-ischemic encephalopathy.
In addition, many women experience labor and delivery
complications such as the need for a cesarean section
(“c-section”), or vacuum or forceps delivery.
Many birth injuries and complications can be avoided
through proper monitoring of both mother and baby throughout
the pregnancy and labor.
One monitoring tool used by doctors to track the fetus’
well being during labor is the electronic fetal monitor.
This tool monitors the fetus’ fetal heart rate
(“FHR”) in connection with the mother’s
contractions. A normal FHR will fall within the range
of 120-160 beats per minute. If a fetus’ average
FHR is either above or below this range, the baby may
be in some sort of distress. A competent physician working
within the standard of care will diligently monitor
a baby’s FHR results throughout labor to determine
the well-being of the fetus.
Of course, every fetus experiences some variation in
the FHR during the course of labor, but certain types
and patterns of FHR can indicate problems to an attentive
physician. If FHR results show that the fetus’
heart is periodically slowing either just prior to or
just after a contraction, the fetus may be reacting
to a dangerous condition in the womb. This drop in the
FHR is called a deceleration. Proper monitoring of the
FHR, including watching for patterns of these troubling
decelerations, will indicate to an obstetrician when
he or she may need to intervene and perform a c-section
right away. Sometimes the best thing for the fetus is
to get the baby out of the environment causing the fetal
distress. Many hospitals can perform an emergency c-section
within minutes if the FHRs indicate that a fetus needs
help.
Frequently, a fetus’ FHRs become worrisome when
the fetus lacks sufficient oxygen and blood supply to
remain stable within the uterus. If a fetus is not receiving
enough oxygen, it may suffer from a condition known
as hypoxia. Hypoxia can lead to serious injuries, including
hypoxic-ischemic encephalopathy, brain damage, and death,
so it is crucial that physicians carefully scrutinize
the FHR of the fetus during labor and delivery.
Once a baby is delivered, various tests will be performed
to study the amount of oxygen and other gases in the
baby’s blood. These tests are performed using blood
samples from the infant’s umbilical cord. Among
the tests performed will be a blood gas test, which
examines the amount of oxygen in the baby’s blood,
and a pH test to evaluate the level of acid in the bloodstream.
A low pH level shows that the baby was deprived of oxygen
during labor and delivery, causing acid to build in
the baby’s blood. Cord blood tests can be important
indicators of abnormalities in a newborn, and are often
useful in pursuing a case against negligent physicians.
Another test done on newborn infants is called the Apgar
test. The Apgar test assesses a newborn’s condition
at exactly one minute and five minutes after birth.
Babies are graded in five categories: heart rate, respiratory
effort, reflex, muscle tone, and color. Each category
is assigned a grade ranging from zero to two, meaning
that the highest possible score a baby can receive on
the Apgar is 10. Ideally, a newborn should have Apgar
scores between 7 to 10. A score lower than 7 may indicate
that the infant needs additional monitoring or intervention,
while a score below 3 is a sign of serious problems
that require immediate medical attention. Low Apgar
scores can be useful as an indicator of hypoxia, hypoxic-ischemic
encephalopathy, and brain damage.
If your baby has suffered from a birth injury or complication,
it is important to evaluate the FHR readings and test
results obtained during labor and delivery. These materials
may help you to determine whether the doctor delivering
your baby met the standard of care required of all obstetricians.
If your doctor did not meet those standards, he or she
may be negligent, and the complications surrounding
your child’s birth may be due to the negligence
of the doctor delivering the baby.
A parent or guardian of a baby may bring a claim for
the baby’s birth injuries. If the claim is successful,
the baby will be entitled to monetary damages. The amount
and types of damages may vary, but in general will include
compensation for past and future medical expenses, lost
wages, future wage earning capacity, costs for future
care, pain and suffering, and disfigurement.
Please remember that each jurisdiction has different
laws pertaining to these types of claims, so it is important
to seek out competent counsel to advise you of your
rights. As a rule, however, birth injury cases are difficult,
as they are complex and time-consuming. These types
of cases take longer to resolve than a simple negligence
case, and always require expert investigation and testimony.
It is crucial to obtain a knowledgeable attorney to
advise you of your rights and of the rights of your
baby.
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