Medical malpractice in the delivery room does not merely disrupt the joy of a new life—it alters lives irreversibly. Parents who most likely anticipated holding a healthy infant, instead face the reality of serious medical conditions that could have lifelong implications. The repercussions extend beyond the confines of hospital walls.
This blog aims to provide insights on birth injuries in Oklahoma, including common causes of malpractice, a case study from Brewster & De Angelis, and birth injury claim FAQs.
Birth Injuries - An Overview
Birth injuries, which are different from congenital disabilities, occur due to complications during labor and delivery. The Healthcare Cost and Utilization Project noted, in one year, there were almost 157,700 potentially avoidable injuries to mothers and newborns.
The injuries range from minor bruising to severe neurological and physical disorders, and the origins of these injuries vary.
Birth Injury Malpractice
Birth injury malpractice arises when healthcare providers fail to adhere to established standards of care during childbirth, leading to preventable injuries. Several factors contribute to these failures, including:
- Failure to Monitor: Inadequate monitoring of the baby’s and mother’s vital signs.
- Inadequate Training and/or Credentials: Medical professionals lacking the necessary qualifications or certifications to safely manage childbirth.
- Improper Medication Management: Errors in prescribing, administering, or monitoring medications during pregnancy or labor.
- Delayed Decision-Making: Delaying necessary interventions, such as cesarean sections, can result in critical delays that cause irreversible damage.
Case Study: A Birth Injury Resulting from Medical Negligence
Our firm represented a 38.3-week pregnant woman who experienced a series of medical missteps leading to severe birth injuries to her child. During labor, the attending nurse increased the dosage of Pitocin, despite signs of fetal distress such as late decelerations indicating anoxia. This action led to tachysystole, causing excessive contractions, and further worsening the baby's anoxic condition. The situation necessitated an emergency C-section. Upon birth, the baby was not breathing or moving. Subsequent medical evaluations, including an MRI, confirmed a global diffuse brain injury secondary to severe anoxia. Today, the child lives with severe impairments, including cognitive limitations, vision loss, and reliance on a feeding tube and suffers from seizures.
Such discourse transcends medical error; it centers on accountability, justice, and a newborn’s right to an unmarred beginning.
The Legal Process
Navigating the intricacies of birth injury litigation requires legal expertise. A knowledgeable attorney can provide support by:
- Conducting a thorough investigation of medical records and the circumstances surrounding the birth.
- Consulting medical experts to substantiate claims of negligence.
- Calculating the full extent of damages for appropriate compensation.
- Negotiating settlements or representing the family in court.
As we consider the impact of birth injuries, we acknowledge the challenges these families face. The road to healing and adjustment is long. Pursuing a lawsuit can be a pathway to secure the necessary resources for care and support.
If you suspect medical negligence resulted in a birth injury to your child, contact us for a free consultation.
FAQs
What constitutes a birth injury claim?
A birth injury claim can be filed when medical professionals fail to provide the accepted standard of care during childbirth, resulting in injury to the mother or child.
How do I know if I have a viable claim?
If your child suffered injuries that could have been prevented with proper care, you might have a viable claim, and you should contact us for a free consultation.
How long do I have to file a birth injury lawsuit in Oklahoma?
In Oklahoma, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury was discovered or should have been discovered. However, special rules apply to minors, potentially extending this period.
What can I expect in terms of compensation?
Compensation varies but generally covers medical expenses, ongoing care costs, pain and suffering, and sometimes punitive damages in egregious cases.
How long does the legal process take?
The duration can vary from months to years, depending on the complexity of the case and whether it goes to trial.
Contact our team today with the details of your case by filling out the online contact form or call us at (918) 265-1214.