Negligence during labor and delivery can have lifelong consequences for both mother and child. Despite advances in obstetric care, medical errors still occur when doctors, nurses, or hospitals fail to follow established standards of care. Families in White Plains facing such situations may need the guidance of a White Plains medical malpractice lawyer to understand their legal options.
What Negligence Means in Medical Terms
Negligence occurs when a medical provider fails to act with the level of care, skill, and judgment that a reasonably competent professional would have exercised under the same circumstances. In the context of labor and delivery, this means that doctors, nurses, or hospitals did not meet accepted medical standards while monitoring, managing, or assisting childbirth. For negligence to exist, four legal elements must be established:
- Duty of care: The medical provider owed a professional duty to the mother and baby.
- Breach of duty: The provider failed to meet the accepted standard of care.
- Causation: The breach directly caused injury to the mother or infant.
- Damages: The injuries resulted in measurable harm, such as physical disability, emotional trauma, or financial loss.
The Role of the Standard of Care
The “standard of care” measures whether a medical provider acted appropriately. In labor and delivery, this includes properly monitoring both mother and fetus, making timely decisions about intervention, and responding quickly to emergencies.
Factors such as the patient’s health, stage of labor, hospital resources, and risk factors like preeclampsia or gestational diabetes can affect the standard of care. When a provider deviates from accepted practice, this deviation may serve as evidence of negligence in a birth injury claim.
Examples of Negligence During Labor and Delivery
Negligence can take many forms depending on the circumstances of labor and delivery. Common examples include:
- Failure to monitor fetal distress: Ignoring or misinterpreting abnormal fetal heart rate patterns that signal oxygen deprivation.
- Delayed cesarean section: Failing to perform a C-section promptly when labor stalls or the baby shows signs of distress.
- Improper use of delivery tools: Misusing forceps or vacuum extractors, which can cause skull fractures, brain injuries, or nerve damage.
- Medication errors: Administering the wrong dose of labor-inducing drugs such as Pitocin, causing excessive contractions and fetal distress.
- Inadequate response to complications: Failing to manage conditions such as umbilical cord prolapse, placental abruption, or shoulder dystocia.
- Lack of communication among staff: Delayed decision-making due to poor coordination between nurses, obstetricians, and anesthesiologists.
Each of these errors can result in devastating consequences such as hypoxic ischemic encephalopathy (HIE), cerebral palsy, Erb’s palsy, brain injury, or maternal hemorrhage.
How Negligence Is Proven in a Birth Injury Case
Proving negligence in labor and delivery requires more than showing that an injury occurred. The key question is whether the provider’s actions—or inaction—fell below the accepted medical standard of care. Attorneys who handle birth injury cases often rely on:
- Medical records and fetal monitoring data to reconstruct what happened during delivery.
- Expert witness testimony from obstetricians, nurses, and medical specialists who evaluate whether the care provided met professional standards.
- Hospital policies and guidelines to determine if procedures were properly followed.
- Evidence of delay or communication errors that contributed to the outcome.
These materials help establish a clear link between negligent conduct and the harm suffered by the mother or baby.
How a Birth Injury Lawyer Can Help
A Westchester County birth injury lawyer can guide families through every stage of the process. They can:
- Review medical records to identify errors or omissions that suggest substandard care.
- Consult with medical experts who can interpret fetal monitoring strips, surgical notes, and hospital documentation.
- Calculate damages by assessing the cost of lifelong care, therapy, and loss of earning potential for the injured child.
- Handle negotiations with hospitals, physicians, and insurance companies to pursue fair settlements.
- File and litigate a malpractice claim when settlement negotiations fail to provide adequate compensation.
A lawyer serves as both an advocate and a safeguard, ensuring that families are not left to navigate the complex claims process alone.
Contact Fiedler Deutsch, LLP Today
If you believe negligence during labor or delivery caused your child’s injuries, contact Fiedler Deutsch, LLP at (914) 993-0393 or reach out online to schedule a free consultation. Our team can review your case, explain your options, and help you take the next step.