Birth Injuries and Fetal Deaths Remain Largely Preventable and Often Involve Medical Errors
Birth injuries remain all too common in the United States. A disproportionate amount of these injuries occur on the infant’s head. According to one study in The Journal of Pediatrics, “A total of 982 033 weighted records with neonatal birth trauma were found. The prevalence rate increased by 23% from (from 25.3 to 31.1 per 1000 hospital births). Scalp injuries composed 80% of all birth traumas and increased yearly from 19.87 to 26.46 per 1000 hospital births.” Birth trauma is associated with higher odds of hypoxic-ischemic encephalopathy, seizures, need for mechanical ventilation, meconium aspiration, and sepsis.
In addition to injuries, there are also many fetal deaths. The Centers for Disease Control estimated that in 2022, the total fetal mortality rate was 5.45%. Medical errors remain one of the leading causes of both birth injuries and fetal death. In particular, a hospital may fail to properly monitor a baby or mother during delivery. Any family impacted by a birth injury or fetal death may be able to seek some measure of justice through a civil claim. This is where the New York birth injury lawyers at Gersowitz Libo & Korek, P.C. can help you. We can examine the unique facts of your case and let you know what your legal options are. You can reach out to us anytime at (516) 908-9792.
Common Causes of Birth Injuries and Fetal Death
Medical negligence and medical malpractice remain leading causes of birth injuries and fetal death. Many injuries occur during the delivery process. Doctors and nurses may improperly use delivery instruments such as forceps or vacuums. Healthcare providers may not respond to fetal distress during labor, or they may fail to give a mother the proper medications during pregnancy. It is critical that healthcare providers act in a timely manner.
There are a number of other factors that could contribute to birth injuries. In particular, hospital errors remain a major problem. This could include miscommunication between medical staff. Understaffing and poorly trained personnel can also cause problems. If a hospital fails to properly monitor a mother’s or baby’s vital signs, critical issues like oxygen levels can go unnoticed. When a baby doesn’t have enough oxygen, they may suffer a hypoxic-ischemic injury or even death.
In addition to negligence, pre-existing maternal conditions can lead to fetal death or birth injuries. Certain medical conditions like gestational diabetes, hypertension, or infections can increase risks during a pregnancy. It is crucial that these conditions are properly identified and treated. Certain conditions, like preeclampsia, can lead to premature birth and other serious complications. Hospitals have a duty to identify and address these issues.
Liability For Birth Injury and Fetal Death Cases
When a baby is injured or dies during pregnancy, healthcare providers such as doctors and hospitals could bear civil liability for the incident. Medical malpractice occurs when a patient is injured or killed by a doctor’s or hospital’s deviation from the applicable standard of care. There is no single standard of care for any health-care field. However, a doctor’s or hospital’s standard of care is met when a doctor or hospital with an equivalent skill set would have followed the same procedures and guidelines under identical circumstances. There are several elements that must be demonstrated in these types of cases.
- Duty of Care: Generally speaking, the doctor-patient relationship means that a duty of care is owed. In most situations, it will not be hard to demonstrate that a doctor or hospital owed a duty of care to their patient.
- Breach of Duty of Care: In order to demonstrate that a doctor or hospital breached their duty of care, their actions must have differed substantially from the applicable standard. For example, doctors must monitor oxygen levels during labor. Failing to do so may constitute a major breach.
- Proximate Cause: For a doctor or hospital to be liable for any incident, their breach of duty must also be the proximate cause of the patient’s injuries.
- Damages: The injury that the patient sustained must have caused actual damages. This may include injuries that impact a baby’s or mother’s quality of life.
Birth injuries can be devastating for both a child and their family. These injuries can result in lifelong physical, emotional, and financial challenges. For example, babies injured during labor may develop cerebral palsy, nerve damage, or brain trauma. This can lead to them having permanent disabilities that require ongoing medical care and specialized education. It is crucial that families impacted by birth injuries and fetal death understand that they do have rights. They are able to hold doctors, hospitals, and other healthcare providers accountable through a civil claim.
Getting Legal Help For Birth Injury and Fetal Death Cases
The New York birth injury attorneys at Gersowitz Libo & Korek, P.C. are committed to helping families impacted by medical malpractice. In fact, we have consistently achieved some of the highest verdicts and settlements for birth injury cases in New York. This includes a $6.3 million settlement for failure to timely perform a C-section. We also secured a $3 million plus settlement for a child with brain damage from a birth injury.
If your family has been impacted by birth injuries or fetal death, we are here for you. We are committed to helping victims of medical malpractice and holding hospitals accountable for their misconduct. Whether you just have legal questions or are thinking about hiring an attorney, we are here to help. You can call us anytime for a risk-free consultation at (516) 908-9792.
