Every pregnancy carries a risk of a birth injury; however, some pregnancies carry a greater risk. Just because a mother falls into a higher risk category does not excuse a doctor who is negligent. If a doctor fails to detect a high risk pregnancy or provide the proper treatment and a birth injury occurs as a result, the baby's family may have a case for medical malpractice.
Higher risk categories for birth injuries include:
- Preterm labor / premature birth
- Being overweight or underweight
- PIH / High blood pressure / preeclampsia / eclampsia
- Women over the age of 35
- A large baby that may not be able to exit the birth canal through natural delivery
- Twins or Multiple births
- Sexually transmitted disease
- Infections
- Autoimmune disorders
- Gestational diabetes
- Heart disease
- VBAC / vaginal birth after cesarean
- Premature rupture of membranes
- New health problems that arise during pregnancy
Advanced maternal age - women over the age of 35 are at an increased risk for birth injuries and birth defects including Down syndrome, premature birth, gestational diabetes, and miscarriage. Certain medical testing can help detect the presence of chromosomal defects. Doctors who fail to offer the pregnant mother these tests may be held liable if a birth injury results.
Premature birth - premature infants are at a higher risk for serious birth injuries including developmental delays and delivery trauma. A doctor should make every reasonable and medically sound attempt to delay gestation to help the infant develop before delivery. Doctors sometimes have the ability to prevent premature labor and birth. The doctor may misdiagnose premature birth problems from the ultrasound, fail to diagnose and treat infections, or monitor and treat other dangerous problems.
Large fetus - larger infants produce a greater challenge for delivery than averaged sized infants. A doctor must monitor the ultrasound images at different stages of pregnancy to estimate the size of the fetus. If it is determined that the baby will not be able to exit the birth canal by natural delivery due to its large size, the doctor may need to prepare for a C-section.
Premature rupture of the membranes - When a pregnant mother's water breaks, the amniotic sac surrounding the baby has broken. This is called the rupture of membranes. If the membranes rupture before 37 weeks of gestation, it is called pre-term, premature rupture of membranes. If the doctor fails to recognize this problem has occurred and respond swiftly and properly, the infant can be harmed with serious birth injuries.
If your baby was injured because a doctor failed to properly detect or treat a high risk pregnancy and this lead to a birth injury, you should contact a highly qualified birth injury lawyer such as Dr. Bruce G. Fagel. Dr. Fagel is both a leading medical malpractice attorney, specializing in birth injuries, and a licensed medical doctor.
