The joy of childbirth can turn to sadness a newborn has sustained a serious injury caused by negligent medical care. The infant's chance for a productive and fulfilling life may be destroyed. The lives of the parents will never be the same. Parents are often unaware that certain birth injuries could be caused by medical malpractice during pregnancy, labor and delivery. If you or your child have been injured because of improper medical care contact our firm to investigate whether you have a case.

Medical professionals are required to act responsibly in delivering babies. Obstetricians who do not use proper care when delivering a newborn may be liable for medical malpractice if the mother or child is injured during the birth.

Examples of obstetrical malpractice include:

• Fetal distress
• Cerebral palsy
• Placenta previa
• Erb's palsy
• Shoulder dystocia or brachial plexus
• Injuries from forceps delivery

Fetal distress is an abnormal condition of a baby during gestation or at the time of delivery. It is often marked by altered heart rate or rhythm leading to compromised blood flow or changes in blood chemistry. Doctors, nurses, and other care givers are required to monitor the fetal heartbeat and alert the doctor and hospital staff if there is a lack of oxygen. Delivery by Cesarean section may be necessary if a fetus is in distress. The failure to perform this type of delivery promptly may injure the child and cause brain damage and cerebral palsy.

Cerebral palsy describes a group of permanent disorders of movement and posture that occurred in the developing fetal or infant brain. Cerebral palsy is caused by damage to the parts of the brain that control muscle movement and coordination. Cerebral palsy may be the result of the negligence of doctors, nurses, and those involved in labor and delivery, including improper delivery, delayed performance of a necessary C-section, failing to monitor the labor and delivery, failing to read or misreading fetal monitoring equipment, failing to diagnose fetal distress during labor, or improper assessment of a newborn's size.

Placenta previa occurs when placenta grows in the lowest part of the womb (uterus) and covers all or part of the opening to the cervix. Misdiagnosis of placenta previa and the prolonging of the birthing process may cause dangerous blood loss to both mother and baby. As a result, when the cervical opening becomes wider and/or uterine activity occurs, the placenta previa can become hemorrhagic, causing both the mother and potentially even the baby to hemorrhage. Because of this, careful obstetricians will monitor patients diagnosed with placenta previa and deliver the baby by cesarean section well prior to the time when any uterine activity or cervical changes will occur.

Erb's Palsy is a caused by stretching or tearing the nerves from to the arm. It can be prevented by proper monitoring of the pregnancy to make sure that the fetus is not too large for normal vaginal delivery. If the shoulder becomes lodged in the birth canal, doctors are required to use act to prevent injury to the nerves. Patients may be at risk for Erb's Palsy if they have had a prior child with shoulder dystocia, regardless of whether the previous child had a brachial plexus injury, if they have smaller or unusual shaped pelvises or pelvic openings, or larger babies. Good advance planning by your obstetrician can lead to an earlier delivery in the event your baby is thought to be too big for an easy, safe delivery. A large baby can be delivered a few days or weeks early, before s/he becomes too large for delivery vaginally. An ounce of prevention is worth several pounds of cure.

Shoulder dystocia occurs when a baby's shoulder gets stuck behind the mother's pelvic bone during childbirth. Shoulder dystocia is an emergency, requiring immediate action by the labor and delivery team. Shoulder dystocia affects 0.25 percent to one percent of live births each year in the United States, with the percentage increasing in babies with high birth weights. The failure to manage shoulder dystocia properly can lead to permanent injury or death for the baby. The use of excessive force to reposition a baby and causing nerve damage and paralysis in the course of labor and delivery may be evidence of medical malpractice. Risk factors for shoulder dystocia must be recognized by physicians and caregivers. There include a prior history of shoulder dystocia, mothers with gestational diabetes, mothers who have experienced significant weight gain during pregnancy, or who are known to be carrying very large babies.

Forceps delivery is used during birth to help the baby come out. If the proper medical care is not exercised a birth injury from forceps may be suffered by the child, resulting in nerve damage or brain damage causing cerebral palsy.

If you believe that your child's injuries resulted from negligence associated with labor and delivery, contact the Law Offices of Patrick J. Filan to obtain the answers you deserve. If you suspect that negligent treatment by a physician or other professional might have caused your child's birth injury, contact a knowledgeable medical malpractice lawyer at the Law Offices of Patrick J. Filan in Westport.