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Can I File for Medical Malpractice for Injuries Sustained in Labor?

The event of childbirth is one that comes with a lot of uncertainty, no matter how well prepared the family is for it. With that uncertainty comes the unexpected.  This includes decisions or actions during the labor and delivery process where the mother or baby suffer injuries that are unavoidable. But in other situations, harm might be preventable if doctors and other medical professionals provide appropriate and timely care.

In these times where preventable situations occur, you need a team of experienced and knowledgeable attorneys on your side. The team at Feller & Wendt have over 70 years of combined experience in dealing with medical malpractice cases. As such, they can guide you through the process of getting compensation if you or your child suffered injuries during delivery and labor procedures.

What is Labor and Delivery Negligence?

In short, labor and delivery negligence is a form of medical malpractice. Not all mistakes or errors will rise to the level of malpractice, just as not all poor or unwanted outcomes are a result of negligence. Still, even medical professionals trained in labor and delivery make mistakes that can have far reaching implications for both mother and child, including:

  • Choosing an untested or unproven method for delivery, despite a lack of data supporting this option
  • Failing to monitor the mother and/or child for signs of distress
  • Failing to appropriately sterilize the room and/or equipment
  • Failing to read the mother’s chart and/or medical history
  • Making medication errors (types, dosages, etc.)
  • Providing too much or too little anesthesia
  • Using excessive force when guiding the baby out of the birth canal
  • Excessive use of forceps and/or vacuum extraction
  • Excessive and/or unmonitored use of labor-inducing drugs like Pitocin
  • Failing to perform a C-section in a timely manner
  • Being intoxicated or under the influence of controlled substances during delivery

If you are suspicious that a medical professional committed malpractice during your delivery, contact a childbirth medical malpractice lawyer to discuss your options.

Common Injuries during Labor and Delivery

Some injuries that occur during labor and delivery are unavoidable, yet with the proper level of care, can be circumvented. Still, even with medical advancements, there are several common injuries that occur to both mother and child during childbirth, including:

  • Brain injuries
  • Damage to the peripheral nerve, also called a brachial plexus injury.
  • Damage to the cranial nerve and the spinal cord
  • Bone fractures
  • Intra-abdominal wounds

Additionally, there are certain factors that occur during pregnancy or labor that should be addressed by medical personnel. If they are not addressed, they can lead to birth injuries. Some of these factors include:

  • Infants that have grown too large for their due date
  • Prolonged labor
  • The mother’s uterus cannot handle vaginal birth
  • Premature births
  • Instrumental deliveries
  • Nontraditional delivery positions

While a lot of these situations are unavoidable, proper care may be taken to help prevent any injuries from becoming worse. If you feel like your injury was worse than it should have been, contact an attorney.

Do I Have a Medical Malpractice Claim?

If your doctor failed in their duties to protect you during labor and delivery of your child, and you or your child suffered a serious injury as a result, you can make a medical malpractice claim for compensation. In Arizona, you have two years to file a claim for medical malpractice.

Arizona Childbirth Medical Malpractice Attorneys

At Feller & Wendt, we know how exciting—and stressful—childbirth can be. We know that expectant mothers place a huge amount of trust in their doctors and nurses to make sure their delivery goes as smoothly as possible. When that trust is violated, these medical professionals need to be held accountable. If you or your child suffered an injury or damage during childbirth and you would like to explore your options, feel free to call us at (480) 702-2277 or complete our contact form to schedule your free consultation.

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