One of the most frightening situations an expected mother and her family can face is the thought of a serious birth injury. While every pregnancy carries a risk of a birth injury, some pregnancies carry a higher risk. However, just because an expected mother falls into a higher risk category does not excuse a doctor who commits medical malpractice. If a physician fails to detect a high risk pregnancy or provide the proper treatment for a high risk pregnancy and a birth injury occurs as a result, the family may have a case for medical malpractice.
Birth injury higher risk categories include:
- Preterm labor / premature birth
- Abnormal weight
- High blood pressure / preeclampsia
- Women over the age of 35
- A large baby that may not be able to exit the birth canal vaginally
- Multiple births
- Sexually transmitted disease and Infections
- Autoimmune disorders
- Gestational diabetes
- Heart disease
- 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 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 are at a greater risk for delivery complications 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 cesarean section.
Premature rupture of the membranes – when a pregnant woman’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 promptly, the infant can be harmed with serious birth injuries.
If a doctor failed to detect or treat a high risk pregnancy and this lead to a birth injury to your son or daughter, you should contact a highly experienced birth injury attorney such as Dr. Bruce G. Fagel at (800) 541-9376. Dr. Fagel is a leading medical malpractice lawyer and a licensed physician.
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