Childbirth is, for many Canadians, one of the most emotional and overwhelming experiences in life. Canadians accessing medical care during childbirth have a reasonable expectation that the doctors and nurses involved in their care will take all appropriate and necessary measures to ensure the health and safety of both the individual giving birth, and the baby being born. Childbirth comes with many risks and possible complications, many of which are unavoidable and unpreventable. Doctors and nurses have an obligation to monitor the baby’s wellbeing throughout the progression of labour and to intervene promptly when complications arise.
A cesarean-section (“C-section”) is a surgical procedure used by doctors in cases when childbirth becomes complicated and is not progressing properly. C-sections can be used in cases where delivery has stalled, or when the baby is in distress. Doctors and nurses have a duty to continually monitor the progression of labour, and to recommend a C-section when the need arises. One of the most common reasons for emergency C-sections is fetal distress, which is usually measured by tracing the baby’s heart rate and vital signs during labour.
Permanent injuries can occur very quickly once a baby begins exhibiting signs of fetal distress. It is therefore essential for doctors, nurses, and other medical professionals to pay close attention to signs of fetal distress and prepare for swift surgical intervention when necessary. When a baby exhibits signs of fetal distress during labour, it is generally a sign that the baby is not receiving enough oxygen through the umbilical cord.
Fetal distress and oxygen deprivation during labour can be caused by many things, such as; prolonged labour, placental abruption, abnormal or breech positioning, prolapsed or compressed umbilical cord, or a baby being too large to fit through the maternal pelvis. Regardless of the cause, fetal distress is an obstetrical emergency and should prompt immediate intervention by medical professionals. Emergency C-sections should be performed within 30 minutes of detecting fetal distress during labour to prevent permanent injury to the baby.
Sometimes, doctors wait too long before performing a C-section. Delayed C-sections can have devastating consequences for the baby. Babies who exhibit signs of fetal distress are not receiving enough oxygen. Prolonged oxygen deprivation during labour can cause brain injury, potentially resulting in cerebral palsy, blindness, developmental delays, seizures, and other life-long medical conditions.
When a doctor waits too long before performing a C-section the baby is placed at an increased risk of oxygen deprivation and permanent brain injury. If a doctor or nurse fails to recognize when immediate medical intervention is necessary, they may be held liable in a medical malpractice claim for the injuries caused as a result of their failure to take swift action.
There are many reasons why a doctor might unreasonably delay a necessary C-section. When doctors and nurses do not pay close enough attention to the fetal heart rate during labour they may not recognize that the baby is in fetal distress. In some cases, hospitals might be short staffed and unable to monitor each patient closely. In other cases, doctors might attribute abnormal fetal heart rate readings to other causes and do not recognize it as a sign of fetal distress and oxygen deprivation. No matter the cause, doctors have a duty and obligation to provide competent care to their patients, and act with skill and knowledge to avoid preventable permanent injuries.
It is a well-recognized fact that a significant portion of birth injuries are caused by medical negligence during labour and delivery. Negligent delay of a necessary C-section is one of the leading causes of birth injuries in medical malpractice claims, and is closely linked to the cause and development of permanent brain injuries.
If your child was born with cerebral palsy, brain injury, or other permanent medical conditions due to a preventable birth injury it is important to consult with an experienced medical malpractice lawyer when contemplating legal action. Birth injuries caused by asphyxiation commonly result in life-long complications and require ongoing care and medical costs for the rest of the child’s life. The experienced medical malpractice lawyers at BIMMA can provide you with a free consultation to help you determine whether legal action is in your child’s best interest.
To be successful in a medical malpractice claim one must prove that the harm or injury suffered was a result of medical negligence. This is a legal element known as “causation”. It is important to remember that not all birth injuries were caused by physician negligence. It is important to speak with a medical malpractice lawyer who can evaluate your case and provide you with an opinion of whether or not it is likely causation can be proven. The lawyers at BIMMA have extensive experience evaluating birth injuries and will be happy to provide you with a no-obligation consultation to help determine whether legal action is the right course for you.
