Childbirth should be a moment of joy and new beginnings, but when something goes wrong due to a medical professional’s error or omission, the consequences can be devastating. Medical negligence during childbirth occurs when a healthcare provider fails to meet the standard of care expected in similar circumstances, resulting in injury to the mother, baby, or both. These cases can lead to lifelong disabilities, emotional trauma, and financial hardship.
If you believe your child’s injury during birth was the result of medical negligence, don’t wait – contact The Law Office of Dr. Bruce G. Fagel & Associates today for a free consultation and case review.
What Is Considered Medical Negligence in Childbirth?
Medical negligence involves a breach of the standard of care by a doctor, nurse, midwife, or other medical professional. During childbirth, negligence can occur in many forms, including poor monitoring, failure to act quickly in emergencies, or improper use of delivery tools. It’s important to understand that not every birth injury is due to negligence – some complications are unavoidable. However, when a provider’s decisions or lack of action directly lead to harm, it may be a case of malpractice.
Here are common examples of medical negligence during childbirth:
1. Failure to Monitor Fetal Distress
Monitoring the baby’s heart rate during labor is critical. If signs of fetal distress – such as a sudden drop in heart rate – are ignored or misinterpreted, the baby may be deprived of oxygen. This can result in permanent injuries such as cerebral palsy, brain damage, or even death.
2. Delayed Emergency C-Section
Timing is everything during labor. If a cesarean section is clearly indicated – due to fetal distress, umbilical cord issues, or stalled labor – and the medical team delays or fails to act, both mother and baby are at risk.
3. Improper Use of Forceps or Vacuum Extractors
These tools can be helpful in certain deliveries, but they require skill and care. Misuse can cause physical trauma to the baby, including skull fractures, brain bleeding, and nerve damage. In the mother, it can lead to significant tearing and internal injuries.
4. Mismanagement of Shoulder Dystocia
Shoulder dystocia happens when the baby’s shoulders get stuck behind the mother’s pelvic bone during delivery. Providers must act quickly using accepted maneuvers. Failure to respond appropriately can result in brachial plexus injuries, nerve damage, or even lack of oxygen to the brain.
5. Failure to Diagnose Maternal Conditions
Undiagnosed or poorly managed maternal health issues like preeclampsia, gestational diabetes, or infections can pose serious risks. Negligence in recognizing or treating these conditions can result in preterm labor, low birth weight, or complications during delivery.
Hire a Medical Malpractice Lawyer Who is Also a Doctor
Many attorneys handle medical malpractice alongside other types of personal injury cases. But childbirth negligence cases demand a deep understanding of both medical complexities and legal standards. You need a legal team that focuses exclusively on medical malpractice.
Dr. Bruce Fagel is a licensed physician and attorney who only handles medical malpractice cases. He has tried and settled more medical malpractice cases than any other attorney in California, with a proven track record of results. In just two years, he settled over 40 cases involving catastrophic birth injuries, securing over $100 million for families like yours.
If you suspect your child’s injury during birth was preventable, don’t face the legal system alone. Call The Law Office of Dr. Bruce G. Fagel & Associates now at (800) 541-9376 or fill out our online form to schedule your free consultation today.
