Some birth injuries cannot be avoided, but many are caused by the negligence of the obstetricians and other medical personnel directly or indirectly involved with the delivery of the baby. It is important to know whether or not a birth injury was preventable before bringing a malpractice lawsuit to recover compensation for injuries.
To determine whether a birth-related injury could have been prevented, you need to look at the circumstances surrounding the birth and the standard medical practices that were in place. This can include:
Adequate Prenatal Care
Doctors should monitor pregnant patients regularly to identify possible risks and conditions that could lead to complications at delivery. If such risks are not properly monitored and managed promptly, complications can occur during labor and delivery.
Monitoring of Labor and Delivery
Medical practitioners should monitor the heart rate of the fetus and the condition of the mother throughout labor and delivery. A deviation from the normal pattern can indicate stress and require immediate medical intervention.
Responding to Complications Promptly and Appropriately
The healthcare provider must be ready to deal with complications that may arise during childbirth, including fetal distress or a displaced umbilical cord. They must follow established medical protocols. Injuries that could have been prevented can be caused by delays or ineffective responses.
Use of Medical Equipment Correctly
Birth injuries are often caused by the misuse of birthing tools, such as vacuum extractors and forceps. Medical practitioners should carefully consider whether such equipment is needed in the given situation, and if it is, they must use it with skill to minimize injury risk.
Medical Staff Competence
Untrained staff or insufficient supervision can increase the risk of preventable mistakes during child delivery. The medical staff at hospitals and other healthcare institutions should be properly trained in birthing protocol.
The courts will determine whether healthcare providers met the accepted standard of medical care in cases involving birth injuries. If they fail to do so and the result is an injury, the injury may be preventable.
You may gain clarity if you discuss your situation with a medical negligence lawyer if you are not sure Whether the birth injury was preventable in your case.
This article was written by Alla Tenina. Alla is a top slip and fall attorney Orange County CA, and the founder of Tenina Law. She has experience in bankruptcies, real estate planning, and complex tax matters. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.
