When an accident occurs during childbirth, the mother or baby may suffer unavoidable harm. But in other cases, if doctors and other medical professionals provide appropriate and timely care, the injury may be preventable. 

In this guide, we want to focus on the potential injuries that may occur in childbirth. We will also discuss the liabilities that can arise from such malpractice and why hiring a qualified firm can improve your chances of getting the compensation you deserve.

Labor and delivery malpractice lawsuits are often difficult and complex for all parties involved. As such, you need to be sure that you have a qualified legal team presenting you if you are the unfortunate victim of medical malpractice.

With expert legal representation in your corner, you have a much better chance of getting awarded the compensation needed to cover your pain and suffering. Thanks to the legal experience of Sowell Chakour, you can take a stand against medical malpractice. We will fight for your rights and work hard to see that you are made whole.

Labor and Delivery Injuries

Although birth injuries typically affect the baby, the mother can also be harmed if the doctor does not take appropriate measures during the delivery process.

Such injuries include: 

  • Untreated/undetected preeclampsia, causing the mother to have seizures during childbirth 
  • Injury to the mother’s internal organs during a C-section caused by surgical instruments 
  • Leaving medical  supplies or equipment in the mother after a C-section 
  • Complications of anesthesia
  • Unable to control bleeding
  • Uterine rupture 
  • Infection

As you can see, any number of mishaps can occur during childbirth. However, most are avoidable as long as the medical team performs as expected.

Potential Injuries to the Baby

Below are some of the most common injuries in babies as a result of labor and delivery malpractice. Please note that not every injury is a valid malpractice claim.

Neonatal Brachial Plexus Palsy: The brachial plexus has to do with nerves surrounding the newborn’s shoulders. Contingent on the baby’s birth position, pushing on the infant’s arm, or the extension of the infant’s shoulder can result in brachial plexus damage. If there is an injury, the baby’s arm may lose movement or become weak.

Caput Succedaneum: This refers to swelling of the baby’s scalp, often a result of pressure on the infant’s head during challenging or prolonged first delivery. Caput succedaneum may also take place during vacuum extraction. Sometimes, visual bruising is accompanied by swelling, but this usually disappears within a couple of days after delivery.

Cephalohematoma: This condition relates to bleeding under the newborn’s scalp. It’s another birth injury that may be caused by vacuum extraction. However, the condition usually disappears on its own in a matter of weeks (sometimes months) following birth. Moreover, it rarely needs treatment.

Bone Fractures: Bone fractures in newborns are one of the most common types of birth injury. The bones that are periodically fractured at birth include the clavicle and the humerus. Fractures such as these may happen during normal labor and heal without treatment. However, there are times when genetic conditions can promote fractures.

Hypoxic Ischemic Encephalopathy (HIE): HIE occurs when the baby’s brain doesn’t get enough blood flow or oxygen for extended periods of time. As a brain disease, HIE can have a variety of effects, ranging from minor developmental problems to epilepsy or cerebral palsy. HIE’s severity depends on the length of time that the baby’s brain is deprived of oxygen.

Soft Tissue and Skin Injuries: During childbirth, the infant’s skin may be injured by contractions or pressure from the doctor’s medical equipment. Such injuries usually appear as swelling or bruising. The baby’s fat under their skin may also be injured, and may show up as raised red areas on the baby’s body. This is usually fat necrosis (subcutaneous). Like most other skin injuries, it resolves without treatment.

Death: Lastly, and worst of all labor and delivery malpractice injuries, is death.  Labor and childbirth injuries that lead to the death of newborns are the most legally complex and most emotional childbirth medical malpractice cases. As such, labor and delivery death may lead to filing of a wrongful death claim.

Why Choose the Doctor Lawyer Firm?

Matthew Sowell is one of the few Florida lawyers certified by both the Florida Bar and the American Board of Professional Liability. Matt excels a national leader in stroke litigation and the founding chairman of the Stroke Litigation Group, the largest litigation lawyer organization in the United States. Matt also wrote and shared with peers how to successfully prosecute stroke cases. Over the years, Matt has won millions of dollars in verdicts, ensuring that his clients are awarded the compensation they deserve in extremely difficult medical malpractice cases.

Fadi Chakour is a former medical doctor who left the field to practice law, specifically, medical malpractice litigation.  As a doctor, Fadi treated many patients who were injured due to the negligence of others and observed the pain and suffering to loved ones that came from these instances. The combination of his medical knowledge and experience and his legal skills make Fadi a powerful advocate for injured people who have fallen victim to medical negligence.

Call Sowell Chakour Today to Discuss Your Claim

If you believe you are a victim of labor and delivery malpractice, we encourage you to call us right away. The sooner we can start your malpractice claim, the sooner you stand to earn the compensation you deserve. Taking a stand against the medical establishment is understandably intimidating. But when you have the experienced team of Sowell Chakour in your corner, you have a much better chance of being made whole. Call our office today at 1-833-MedMals or fill out our online contact form, and we will promptly respond to your inquiry and work to schedule a consultation.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.