Birth injuries are devastating, affecting both the child and their family for a lifetime. In many cases, these injuries result from medical errors or negligence during childbirth. If your child has suffered a birth injury in Arizona, understanding the common errors that lead to birth injury claims can help you identify whether you have a legal case. A skilled birth injury attorney or medical malpractice lawyer can help you navigate the legal process and ensure your family gets the justice it deserves.
Understanding Birth Injury Lawsuits in Arizona
A birth injury lawsuit is typically filed when a newborn suffers harm due to the negligence or errors made by healthcare providers during pregnancy, labor, or delivery. Birth injuries can range from minor conditions, such as a bruised shoulder, to more severe injuries like cerebral palsy or brain damage.
Medical malpractice is a legal term that refers to errors made by healthcare professionals, such as doctors, nurses, or hospital staff, who fail to provide the appropriate standard of care. In birth injury cases, it’s essential to prove that the medical provider’s negligence was a cause of the injury. Common medical errors leading to birth injuries include:
- Failure to monitor fetal distress
- Improper use of delivery instruments (forceps, vacuum)
- Delayed or improper C-section
- Oxygen deprivation
- Failure to follow safety policies regarding use of Pitocin
- Failure to manage complications during labor
If you suspect that your child’s birth injury was caused by a medical error, consulting a birth injury attorney is essential to determine whether you have a case and how to proceed.
1. Failure to Monitor Fetal Distress
One of the most common errors that lead to birth injury claims is a failure to monitor fetal distress during labor. Fetal distress refers to signs that the baby is not receiving adequate oxygen, such as a sudden drop in heart rate. If the medical team does not respond promptly to fetal distress, it can result in oxygen deprivation, leading to brain injuries like cerebral palsy or hypoxic-ischemic encephalopathy (HIE).
In these cases, healthcare providers may be liable for medical malpractice if they fail to notice warning signs or act in a timely manner. If fetal distress is not addressed properly, your birth injury lawsuit may be based on the negligence of the attending physicians, nurses, or hospital staff.
2. Improper Use of Delivery Instruments
The use of forceps or vacuum extraction during delivery can be necessary in certain situations but must be executed with care. Improper use of these instruments can cause birth injuries, such as nerve damage, fractures, or brain injury.
In some cases, birth injury attorneys pursue claims based on the improper use of delivery instruments. If the healthcare provider uses excessive force or improperly handles the instruments, it can lead to serious injuries to the baby, including conditions like brachial plexus injury, which may cause paralysis of the arms, or skull fractures.
3. Delayed or Improper C-Section
In some births, complications arise that require an immediate C-section to prevent harm to the baby or mother. If a healthcare provider delays or fails to perform a C-section when needed, the baby may suffer from oxygen deprivation, which can lead to brain injuries, developmental delays, or even death.
Medical providers are trained to recognize when a C-section is necessary, and if they fail to act in a timely manner, they can be held accountable for the birth injury. A birth injury attorney can help determine whether a delayed or improperly performed C-section contributed to your child’s injury.
4. Oxygen Deprivation
Oxygen deprivation during birth, also known as birth asphyxia, is another common cause of birth injuries. Oxygen deprivation can result from a variety of factors, including the umbilical cord being wrapped around the baby’s neck, prolonged labor, or issues with the placenta. When the brain is deprived of oxygen, it can lead to long-term neurological conditions, including cerebral palsy, developmental delays, and cognitive impairments.
In cases where oxygen deprivation occurs due to medical errors or negligence, a birth injury lawsuit can be filed to seek compensation for the child’s medical expenses, therapy, and other associated costs. An experienced medical malpractice lawyer can investigate whether the medical team’s failure to prevent or address oxygen deprivation led to the injury.
5. Failure to Safely Use Pitocin
Pitocin is a commonly used medication during labor. Did you know, though, that Pitocin is so dangerous that it actually has a black box warning for it issued by the FDA? The reason Pitocin is so dangerous is because it increases contractions. During every contraction, oxygen and blood flow to the baby is temporarily cut off. If the contractions get too close together, or the fetal heart rate drops, the oxygen deprivation can lead to brain injury. This is precisely why every hospital has a policy in place regarding the use of Pitocin. If there are any signs of fetal distress, the hospital safety policies require the nurses and/or doctor to stop Pitocin. If they violate the policy, the baby can suffer a life-changing brain injury.
6. Failure to Manage Complications During Labor
Some birth injuries arise from complications that occur during labor, such as prolonged labor, shoulder dystocia, or excessive bleeding. If the medical team fails to recognize and manage these complications in a timely manner, the baby may suffer harm. For example, prolonged labor can lead to fetal distress, and shoulder dystocia can result in brachial plexus injuries if not managed appropriately.
If your healthcare providers failed to manage any of these complications correctly, you may have grounds for a birth injury lawsuit. A birth injury attorney can help assess whether the medical team’s actions contributed to your child’s injury and help determine the best course of action.
How a Birth Injury Lawyer Can Help
If your child has suffered a birth injury, seeking legal assistance is crucial to protecting your rights and obtaining the compensation your family deserves. A birth injury attorney specializes in medical malpractice cases related to childbirth and can help you navigate the legal process. They will work to gather evidence, consult with medical experts, and advocate for your family throughout the lawsuit.
A skilled medical malpractice lawyer can help prove that the medical provider’s errors caused your child’s injuries, allowing you to seek compensation for medical expenses, pain and suffering, lost wages, and more.
Contact Snyder & Wenner, P.C. Today
If your child has been harmed due to medical errors during childbirth, don’t wait to take action. Contact Snyder & Wenner, P.C. to schedule a consultation with an experienced birth injury attorney who can guide you through the legal process and help you pursue justice.Snyder & Wenner obtained the largest medical malpractice verdict in Arizona history, which involved a birth injury that occurred at Banner UMC Phoenix. We also have numerous record-setting birth injury settlements. We are here to use our experience and expertise to help your family in a very difficult time.
Our team is dedicated to holding healthcare providers accountable and ensuring that your family receives the compensation necessary to care for your child. Contact us today to learn more about how we can help.
