Obstetric malpractice may occur in a number of different ways. Malpractice may occur at anytime from very early in the prenatal course through labor and delivery, and even in the immediate post partum period. Malpractice can be committed by obstetricians, perinatologists (obstetricians who are specially trained in high risk obstetrics, sometimes referred to as maternal-fetal medicine), CNMs (certified nurse midwives), family practitioners and labor and delivery nurses. Family practitioners will sometimes provide obstetric care. In general, a family practitioner doing obstetrics is held to the same standards as an obstetrician.
Examples of obstetric malpractice include:
· Prior to labor and delivery, failing to diagnose fetal macrosomia (a baby too large to safely pass through the birth canal). This is sometimes difficult to determine with accuracy, but risk factors such as excessive maternal weight gain, gestational diabetes (diabetes which develops during pregnancy), or an increase in fundal height measurements (the top part of the uterus moves upward doing growth of the baby to a greater degree than usual) are usually apparent.
· Failing to recognize risk factors for genetic and other abnormalities, such as Down's syndrome, early in the pregnancy and failing to properly diagnose or rule out such conditions.
· Failing to properly manage complications during the pregnancy, such as gestational diabetes and pre-eclampsia (pregnancy-induced hypertension, toxemia of pregnancy).
· Not recognizing signs and symptoms of preterm labor and failing to take steps to stop preterm labor and avoid delivery of a severely premature baby.
· Failing to recognize and promptly act to protect mother and baby from serious complications of labor and delivery, such as fetal distress (findings on fetal heart monitor tracing indicating the baby may not be getting enough oxygen in the womb), shoulder dystocia (a condition where, at delivery, a baby's shoulder gets "stuck" in the maternal pelvis, causing stretching of nerves and potential paralysis of the arm), a prolapsed umbilical cord (the umbilical cord comes out from the womb before the baby is delivered, and the cord gets compressed by the baby's head, impairing blood flow), various problems with the placenta and excessive postpartum bleeding.
· Using a vacuum extractor improperly and causing injury to the baby, such as severe hemorrhage under the scalp ("a subgaleal hemorrhage") leading to hemorrhagic shock and potentially death.
Obstetric malpractice cases often involve complicated medical issues. Obstetric malpractice cases may result in brain damage or death to the baby, and in very severe injury or death to the mother. A child who has suffered brain damage from obstetric malpractice may require care for a lifetime just to survive. The expenses of rehabilitation to allow such a child to maximize his or her potential can be enormous.
In consultation with obstetricians, perinatologists, pediatric neurologists, midwives, obstetric nurses, pathologists, pediatric neurologists, life care planners, economists and other professionals, the lawyers at The Kauffman Firm will work with medical specialists to analyze prenatal records, labor and delivery records, newborn and pediatric records, imaging studies including ultrasounds, CT scans and MRIs of the brain and other sources of information to determine if malpractice occurred. If so, The Kauffman Firm may be able to recover damages compensate your baby for his or her emotional and physical pain and suffering, permanent disability, loss of quality of life, lost income and to help pay the tremendous cost of rehabilitation, physical and occupational therapy, medical and nursing care which may be required to give your child the best chance to maximize his or her abilities.
Call The Kauffman Firm at 505-814-1823. Get answers to your questions. Learn your legal rights. There is no cost or obligation for us to evaluate your case.
