Is a Birth Injury Considered Malpractice?

Roughly seven out of 1,000 babies born in the United States will experience a birth injury each year. Most birth injuries cause lifelong complications for the child, causing a diminished quality of life. When a birth injury is caused by a medical professional’s negligence, you and your family deserve to be compensated for such devastation.

At Parham Smith & Archenhold, LLC, our South Carolina birth injury lawyers have recovered hundreds of thousands of dollars for families in birth injury malpractice cases. If your child experienced a birth injury, our legal team would like to hear from you.

What is a Birth Injury?

A birth injury can occur during labor or delivery when complications arise as the baby attempts to pass through the birth canal. A birth injury can occur for any number of reasons, including if the baby is in a breech position prior to delivery, if the mother has a narrow pelvis, or if the child is premature. Sadly, a medical professional’s intervention to deliver the baby can cause irreparable harm, leading to physical, developmental, and/or neurological deficits.

Birth Injury Malpractice

A birth injury is considered malpractice when a physician fails to provide proper medical care before, during, or after delivery, resulting in harm to the child. A successful birth injury malpractice case is dependent on the plaintiff proving the following (known as the “4 D’s”):

Duty of Care

A healthcare provider has a duty to administer care based on acceptable medical standards. The doctor-patient relationship establishes this duty of care.

Dereliction (Breach of Duty)

A dereliction of duty occurs when a physician fails to adhere to the accepted medical standards. The dereliction, or failure to fulfill their ethical and professional obligations, may be through either an act or omission. In birth injury cases, a doctor who fails to prevent a birth injury that another competent provider would have avoided has breached their duty.

Direct Cause

As a result of the provider’s breach of duty, your baby suffered harm.

Damages

The birth injury must result in compensable losses, such as physical limitations, developmental delays, neurological deficits, or financial losses for the family.

Examples of Birth Injuries

Common birth injuries that may occur include:

Delayed C-Section

Prolonged labor places the child at risk of oxygen deprivation and potential brain damage. An emergency C-section can prevent these complications, but only when ordered in a timely manner. A delayed C-section can result in various conditions, including cerebral palsy, hypoxic-ischemic encephalopathy (HIE), and other health issues. Although not widely known, HIE occurs when a baby’s brain does not receive sufficient oxygen and blood flow. It can cause various neurological and developmental issues, including difficulty feeding, poor reflexes, and a pale or bluish skin tone.

Improper Monitoring

It is crucial that the medical team monitor both the mother’s and the infant’s vitals during labor and delivery. Signs of fetal distress may manifest as a slowed heart rate, reduced movement, and low amniotic fluid. Early intervention is key to delivering a healthy baby. A doctor can be held liable if they fail to recognize signs of fetal distress during labor or fail to take necessary interventions.

Misuse of Delivery Tools

In difficult deliveries, a physician may use forceps or vacuum extraction to assist with delivery. As an example, a physician may use a delivery tool if the baby’s shoulder is stuck on the pubic bone (known as a shoulder dystocia). Birth delivery tools should only be used by trained physicians. In the wrong hands, these birthing tools can result in skull fractures and nerve damage.

Birth Injury Attorneys in South Carolina Advocating for You and Your Family

Managing your child’s birth injury may involve specialized therapies, purchasing medical equipment, and undergoing multiple surgeries as the condition progresses. This can easily place a financial burden on any family. While the evidence supporting a physician’s malpractice may be readily apparent, convincing evidence will still be necessary for a successful claim.

At Parham Smith & Archenhold, LLC, our birth injury lawyers can help you in accessing your child’s medical records to establish your provider’s liability. By filing a birth injury suit, you do not just take care of your child’s needs but also ensure that other families do not experience the same harm. To schedule your free consultation with one of our South Carolina birth injury attorneys, we can be reached online or by calling (864) 432-1796.