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The Illinois Litigation Blog By Holder Law Group, LLP

An Introduction to childbirth injuries

11/20/2017

4 Comments

 
Betsy Holder, Holder Law Group Birth Injury Lawyer Illinois
There is a general misunderstanding among many people that pregnancy and childbirth are not major occurrences in a woman's life, and that the risks associated with both are rather benign.  This could not be farther from the truth.  Conventional childbirth, even with no complications, has a significant amount of risk,. and when the birth process is complicated, and a caesarian section is necessary, the risks increase even further.  

Given the complicated and inherently dangerous nature of childbirth, when doctor and nursing error occurs, the risks to both mother and child increase even further.  Here are few issues to remember regarding medical negligence and birth injury.  

When is a Birth Injury the Doctor’s Fault?

​Giving birth should be a joyous time, but while many births go perfectly smooth, sometimes there are complications. Birth injuries that occur to the mother, or worse, her newborn can be traumatic and life-altering. However, something strange occurs when a birth injury happens. For some strange reason, it leaves new mothers blaming themselves. Was it something they did? Was it something they didn't do while gestating their child? Could they have done it different or better?

The truth is that a birth injury is rarely the fault of the parent and certainly not the child. However, in order to better protect themselves, your doctors may infer that it was something you did or didn't do. Yet, you had nine months to create that new life, and your OBGYN had nine months to figure out the risks, tell you about them, and do everything in their power to mitigate them. If your doctor did none of those things, then no matter what they tell you, they are responsible for your birth injuries.

Whether it was from negligence or pure malpractice, common birth injuries include:
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  • Failure to diagnose a condition that resulted in harm to the mother or child
  • Failure to take action to prevent harm during long deliveries
  • Failure to diagnose birth defects
  • Failure to react during dangerous breech birth or umbilical cord entanglement
  • Failure to modify vital signs or notice and take action during abnormal factors like respiration of blood pressure

Additionally, the causes for these errors are sometimes more difficult to identify than one would initially think.  The most common medical errors that are difficult to identify in regard to childbirth cases are:

  • Failure to Communicate Clearly
  • Failure to Follow Correct Procedures
  • Equipment or Monitor Failure
  • Inadequate or Unclear Healthcare Procedure
  • Failure to Adequately Train Hospital Staff
  • Overtired Physicians or Understaffing

All of the above can fall into the realms of medical malpractice, but so much more can be considered as part of it as well. If you or your child suffered traumatic injury during the birthing period, contact us today to see what we can do for you.

4 Comments
Kayla link
2/14/2018 09:14:12 pm

I didn't know that birth injury that occurs to the mother, or worse, her newborn can be traumatic and life-altering. My sister was injured while giving birth to her son. My dad suggested having a birth injury lawyer and shared this article with her.

Reply
Hayk S link
7/30/2018 09:22:44 pm

In cases where giving birth is the doctor's fault, it is beneficial to hire an injury lawyer in order to give justice to the baby and the parents. Thank you for giving light in cases where the doctor is liable, it is very helpful and informational.

Reply
Amy Winters link
9/13/2018 11:21:34 am

Thanks for pointing out you may have a medical malpractice case if the doctor failed to diagnose a birth defect. My sister gave birth a few months ago, and during one of the baby's recent check ups they found a serious defect with his heart. It's possible that this should have been diagnosed by the doctor at birth, so I'll tell her to speak with a lawyer about a medical malpractice case!

Reply
Yoshiko Flora link
2/14/2019 04:23:22 pm

I find it worrying when you said that doctors will be liable to a childbirth injury if they are unable to diagnose a condition that might cause harm to the mother or child. Learning about this convinced me to find a lawyer who is an expert in medical malpractice cases of this kind. Doing this will help me get the hospital's and the doctor's cooperation to treat my aunt for the complication, in case a problem occurred after giving birth to her first son later this year.

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    Betsy
    Holder

    Betsy Holder is a Partner and the founder of Holder Law Group.  She focuses her practice on assisting injured victims across Illinois on cases ranging from auto accidents to medical malpractice cases.

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