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When Birth Injuries Are Caused by Medical Malpractice
Giving birth should be one of the most cherished moments of a person’s entire life. Sadly, many mothers throughout the United States have unexpected complications during pregnancy or birth that result in death or injury to the baby or the mother herself. While some of these incidents are unavoidable, others are caused by negligence on the part of the medical staff interacting with the patient. Medical malpractice occurs when a patient is injured or otherwise harmed by a medical professional who fails to perform his or her medical duties proficiently.
When Is a Medical Professional Guilty of Malpractice?
In order to prove that medical malpractice occurred, several conditions must be met. First, an established “doctor-patient” relationship must exist between the individuals in question. For example, a person cannot sue a nurse for medical advice that he or she gave casually outside of work just because that person is a nurse.
Next, the medical professional must have been negligent. Put another way, in order for an action to be considered malpractice, the doctor must have caused harm in a way that any other capable doctor would not have. A medical professional’s care is required to be consistent with “the same degree of knowledge, skill, and ability as an ordinarily careful professional would exercise under similar circumstances” and compliant with the prevailing standard of care. If it can be shown that a doctor, nurse, or other medical professional was not exhibiting this obligatory level of care, he or she may be considered negligent.
Finally, in order for a medical malpractice claim to be valid, the medical professional’s negligence had to cause some type of injury that led to damages. Damages can include medical expenses, physical pain, mental anguish, future medical expenses, decreased earning capacity, and lost wages.
Are Birth Injuries More Likely for Mothers in Minority Groups?
Even though doctors and medical facilities in the United States provide high-quality healthcare for many patients, birth injuries still occur, and the rate of maternal injuries in this country is higher than in any other developed country. Unfortunately, even though mothers and children of all backgrounds are affected by these types of injuries, those who are in minority groups are even more likely to experience serious or fatal complications during pregnancy, labor, and delivery.
Why Are African Americans More Likely to Experience Birth Injuries?
There are approximately 700 cases of maternal death each year, and two-thirds of these deaths are generally considered to be preventable. In addition, 50,000 women experience severe maternal morbidity (SMM), which involves life-threatening complications during pregnancy or birth. While these issues affect women from every background, they are much more likely to affect women of color. While an average of 17.2 maternal deaths occur out of every 100,000 births, this rate increases to 43.5 out of 100,000 for non-Hispanic Black women, while it decreases to 12.7 out of every 100,000 for non-Hispanic white women. Black women are also twice as likely to experience SMM as non-Hispanic White women.
Can Antidepressant Use During Pregnancy Lead to Birth Defects?
Many people throughout the United States take medications to treat mood disorders and mental health conditions. When used properly under the care of a psychiatrist, these drugs are generally safe, although they can have side effects. Unfortunately, some of these side effects include issues that affect a mother and her child during pregnancy. Women who take antidepressants should be sure to consult with their physician to address the risks of medication use and determine the best ways to receive the treatment they need while minimizing the possibility of birth defects.
What Types of Antidepressants Can Cause Birth Injuries?
While the overall risk of birth defects when using antidepressants is low, certain drugs have been linked to birth defects and other complications during pregnancy and birth. These include:
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Venlafaxine/Effexor - Links have been found between this drug and birth defects affecting the heart, brain, or spine, as well as cleft palate, defects in the stomach wall known as gastroschisis, and hypospadias, a urethral defect affecting boys.
Does COVID-19 Increase the Risks of Birth Injuries?
The coronavirus pandemic has affected everyone in the United States, and people have had to make different types of adjustments to their lives to avoid the health risks that can result from contracting COVID-19. Pregnant women are likely to be especially concerned, since giving birth in a hospital may increase the risks of infection. It is important for mothers to understand whether their child may suffer birth injuries related to COVID-19 or whether they will be at an increased risk of maternal injuries or other complications.
Studies Show Higher Rates of Complications for Mothers With Coronavirus Infections
Expectant mothers may be concerned about how their child will be affected if they contract COVID-19 while pregnant. Fortunately, while some maternal infections have been known to cause harm to a child, preliminary research indicates that it is rare for a coronavirus infection to be passed from a mother to a child, and children are unlikely to experience birth defects.
The Risks of Maternal Injuries During Childbirth in the United States
As one of the richest countries in the world, the United States should be able to provide quality healthcare to mothers and children during the process of pregnancy, labor, and delivery. Unfortunately, even though medical facilities have made a serious effort to reduce birth injuries to children, the same level of care is often not provided to mothers. In fact, the U.S. has the highest rate of maternal death among developed countries, with hundreds of women dying during childbirth each year. Perhaps even more concerning, however, is the increasing rate of serious maternal injuries, known as severe maternal morbidity. These types of injuries affect mothers in more than 1 percent of all births, adding up to over 50,000 cases each year.
What Is Maternal Morbidity?
What Can Cause Skull Fractures for Newborns During Childbirth?
The process of labor and delivery can sometimes put strain on the body of a child. During a vaginal delivery, a child’s head must pass through the birth canal, which can put significant pressure on the skull and brain. While the bones of a newborn’s skull have not yet fused together, allowing for some flexibility during birth, delivery can still cause compression to the child’s head, and in some cases, an infant may experience a skull fracture.
A fractured skull can be very dangerous for a newborn, and it can cause permanent brain damage and lead to a variety of other complications. If a fracture results in the bones of the skull pressing into the child’s brain tissue, this can result in conditions such as cystic encephalomalacia. Bleeding around the brain can cut off blood flow, leading to neonatal stroke or hypoxic ischemic encephalopathy (HIE). Damage to the brain can cause permanent conditions such as cerebral palsy (CP).
What Types of Birth Injuries Can Be Caused by Vacuum Extraction?
Every expectant mother hopes that her delivery will go as smoothly as possible. However, complications during the birthing process sometimes necessitate the use of special procedures and equipment that may present a risk to the baby. Vacuum extraction or vacuum-assisted delivery is a procedure used during a vaginal delivery when a baby needs help traveling through the birth canal. A device called a vacuum extractor creates suction on the baby’s head and allows the doctor to gently pull the infant out while the mother pushes. Although vacuum extraction is a common procedure, it is also associated with an increased risk of serious, sometimes life-threatening birth injuries.
Why Is a Vacuum Extractor Used During Labor and Delivery?
If labor is not progressing normally, a vacuum extractor may be used to encourage the baby through the birth canal. Vacuum extraction is often used when a mother experiences ruptured membranes or trouble pushing the baby out. Atypical heart rate indicating infant distress may also prompt an obstetrician to use vacuum extraction. This procedure is typically not recommended if a woman is less than 34 weeks pregnant, the infant suffers from certain health conditions such as hemophilia or osteogenesis imperfecta, the baby is in a breech position, or if the baby’s head is too big to fit through the mother’s pelvis.
The Prevalence of Infants Suffering From Gastroschisis Has Increased
Despite the remarkable medical advances that have taken place in recent decades, birth injuries continue to be an unfortunate reality in the United States. While some birth injuries are easily remedied and do not result in lasting damage to the infant, others result in lifelong complications or even infant death. Gastroschisis is a congenital birth defect in which an infant’s intestines protrude through his or her abdominal wall. Surgery is necessary to correct the abnormality, but unfortunately, surgery is not always enough to prevent the infant from suffering major health complications or even death.
The Causes of Gastroschisis Still Largely Unknown
Gastroschisis occurs when the abdominal wall of a growing fetus does not develop properly and a 1- to 2-inch opening in the abdominal wall forms. This allows the fetus’s intestines to extend outside of its body. The intestines are then exposed to the amniotic fluid and may become inflamed, twisted, or shortened. In complex cases, other internal organs may also protrude through the abdominal opening. Since the 1980s, more and more babies have been born with gastroschisis. In fact, the Centers for Disease Control and Prevention (CDC) report that the incidence of gastroschisis nearly doubled between 1995 and 2005. Younger mothers and mothers who drink alcohol and smoke cigarettes during pregnancy are more likely to have babies with gastroschisis; however, the exact cause of the defect is still unknown.
What Types of Birth Injuries Can Be Caused By a Breech Birth?
A baby’s transition from the womb into the outside world is a critical moment. If complications arise during the birthing process, the baby can suffer injuries that affect him or her for the rest of his or her life. One common complication that can lead to serious medical conditions is a breech birth. Babies should be born head first. However, in 3-4 percent of births, the baby is not positioned in the correct way. Breech presentation increases the risk of serious birth injuries and even infant death in some cases.
Causes of Breech Presentation During Birth
A baby is in a breech presentation if he or she is positioned in such a way that his or her buttocks or feet will enter the birth canal first. Breech presentations are more common when certain risk factors are present. These factors include but are not limited to:
What Types of Maternal Infections Can Lead to Infant Injury or Death?
Anticipating the birth of a new child is often one of the most exciting times in a mother’s life. Unfortunately, many mothers have seen their joy turn to fear after experiencing an unexpected complication during pregnancy, labor, or delivery. One complication that can be especially dangerous to the health of the baby and the mother is a maternal infection. If a pregnant woman develops an infection and it is not treated properly, the pathogens may be passed on to the developing baby. Newborns can also develop an infection from bacteria, viruses, or other pathogens that are present in the hospital delivery room.
Some Maternal Infections Can Cause Life-Threatening Injuries
Although minor maternal infections, such as a common cold, may not pose a major risk to the baby, other infections can be life-threatening. Infections that can be especially dangerous to an infant include:
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Urinary Tract Infections (UTI): Most people experience a urinary tract infection at least once in their life. Typically, these infections are easily treated with antibiotics and do not cause any long-term damage. However, if a pregnant mother develops a UTI and it is not treated properly, the infection can cause premature birth, sepsis, preeclampsia, and low birth weight.
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