February 28, 2010

Cerebral Palsy - Birth Injury - Failure To Perform Timely C-Section - Delaware Attorney

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A non-reassuring fetal heart rate

As a Delaware lawyer who handles birth injury cases, I find it tragic that many times these injuries are avoidable. The unborn baby sends out signals saying "I'm in trouble," and the doctor fails to take action. It's like sitting in a room when a smoke detector starts beeping, and you sit in front of your TV and grab another beer.

When a fetus is not receiving enough oxygen, it shows up in the form of an abnormal heart rate pattern. That's why the fetus's heart rate is monitored. Known as "fetal distress," it can sometimes be corrected by giving the mother oxygen, or by increasing the amount of fluids that are given intravenously to the mother, or by turning her on to her left side. But if these steps don't correct the problem, it's the doctor's responsibility to deliver the baby as fast as possible.

If the doctor delays in delivering the baby, irreversible damage can occur. The results are often life-long injuries and disabilities known as cerebral palsy.

This is what happened to a family who sued the hospital and the doctor for waiting too long to perform a C-section after a fetal monitor warned that their baby was being deprived of oxygen. Because of medical negligence, the baby suffered permanent brain damage. Their child now has cerebral palsy and needs constant suctioning to clear her airway.

After a trial, the jury decided that the brain damage should have been prevented, and awarded the family $23.4 million.

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December 15, 2009

Failure to Diagnose Fetal Distress

As a Delaware birth injury lawyer, I am asked to review cases to determine whether the parents have a case. A birth injury is any kind of injury that a newborn receives during the process of being born. Sometimes these injuries occur even when the mother does everything she’s supposed to do during her pregnancy. And sometimes the injury just occurs. But then there are times when a newborn infant is injured because of a medical error on the part of a doctor or a hospital. In other words, the injury was preventable.

Here are some common examples of negligence or medical malpractice resulting in birth injuries:

(1) Failing to perform a C-section when an emergency arises that calls for the immediate delivery of the baby

(2) Failing to recognize fetal distress

(3) Failing to administer Pitocin correctly (Pitocin is a drug that’s given to induce labor)

(4) Failing to properly use a forceps during delivery

When a doctor’s mistakes cause injury to your baby, you have the right to file a lawsuit and recover money. Money won’t take away the injury, but it sure can improve the quality of your child’s life.

In this article, I’d like to focus on the failure to observe signs of fetal distress and the failure to timely recognize the need for a C-section. Everyone should agree that the goal of obstetrical medicine is to deliver a baby without injury to either the mother or her baby. One of the methods used by the doctors is fetal monitoring. The tapes or strips that are printed out can be normal or abnormal, and they can show whether or not the baby is in fetal distress.

Fetal distress usually occurs when the baby is not getting enough oxygen. This causes the baby’s heart to beat abnormally, and these abnormal heartbeats are what show up on the fetal monitoring strips. If the doctor fails to take action quickly enough, the lack of oxygen can result in serious injury or death.

Fetal distress can occur for a number of reasons, but it has to be recognized quickly and dealt with. There are several ways to try to correct the baby’s breathing, but if that doesn’t work, the next option is to get the baby out.

When a doctor fails to diagnose fetal distress, or fails to take steps to correct it, or fails to deliver the baby before it suffers a horrible injury due to lack of oxygen, that’s medical malpractice.

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