DRS Law: Bowling Green’s Trusted Birth Injury Lawyers

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DRS Law: Bowling Green’s Trusted Birth Injury Lawyers

Here for Your Child, Here for Your Family

At DRS Law, we understand the overwhelming emotions that come with a birth injury. You welcomed a new life, but now face unexpected medical challenges. Our Bowling Green birth injury lawyers are here to fight for the compensation your child deserves.

Why Choose DRS Law?

  • Experience: We have a proven track record of success in birth injury cases.
  • Compassion: We understand the sensitive nature of your situation and treat you with respect.
  • Results: We are committed to getting you the maximum compensation you are entitled to.

What is a Birth Injury?

A birth injury is any injury a baby suffers during pregnancy, labor, or delivery. These injuries can range from minor to severe and can be caused by medical negligence.

Common Causes of Birth Injury

  • Failure to monitor the baby during labor and delivery

According to the American College of Obstetricians and Gynecologists, fetal heart rate monitoring is a critical process of checking the baby’s condition during labor and delivery using special equipment. Failure to properly monitor the baby can lead to serious birth injuries, such as brain damage, cerebral palsy, and in tragic cases, even stillbirth.

Fetal monitoring involves continuous or periodic assessment of the baby’s heart rate and vital signs to detect signs of distress. It allows healthcare providers to take timely actions to prevent complications and ensure a safe delivery.

Inadequate monitoring, misinterpretation of data, delayed response to signs of distress, and improper use of monitoring equipment can all constitute failure to monitor.

When healthcare providers fail to properly monitor the baby during labor and delivery, it can be considered medical malpractice.

  • Failure to recognize the need for a C-section

For many pregnancies, a cesarean section (C-section) delivery is medically necessary to protect the health and safety of the mother and baby. C-sections are recommended when complications arise during pregnancy or labor that make a vaginal delivery too risky. Some situations where a C-section is typically warranted include:

  • Fetal distress (abnormal fetal heart rate)
  • Placental problems (placenta previa, placental abruption)
  • Umbilical cord complications
  • Prolonged labor not progressing
  • Baby is in an abnormal position (breech, transverse lie)
  • Mother has a condition that makes vaginal birth dangerous (preeclampsia, HIV, herpes, etc.)

Obstetricians have a duty to closely monitor the mother and baby throughout pregnancy and labor. If they fail to recognize signs that a C-section is needed or delay performing the procedure, it can lead to devastating birth injuries or even death.

  • Forceps or vacuum misuse

Forceps and vacuum extractors are medical instruments used to assist in the delivery of a baby during a difficult vaginal birth. However, their misuse can lead to serious birth injuries for both the mother and the baby.

Improper use of forceps, such as applying excessive force or using them when the baby’s head is not properly positioned, can cause skull fractures, brain hemorrhages, facial nerve injuries, and other traumatic injuries to the baby. Similarly, misuse of vacuum extractors, like using too much suction or leaving the device attached for too long, can result in scalp lacerations, hemorrhages, skull fractures, and brain damage to the infant.

For the mother, forceps misuse can lead to severe vaginal tears, urinary or fecal incontinence, uterine rupture, and pelvic organ prolapse. Vacuum extractors also carry risks of vaginal tears, excessive bleeding, and bladder injuries if not used properly. Both instruments should only be employed by skilled medical professionals following proper protocols and guidelines to minimize the risk of preventable birth injuries caused by their misuse.

  • Medication errors

Medication errors during pregnancy, labor, and delivery can have severe consequences, leading to birth injuries in newborns. These errors can occur at various stages, such as prescribing the wrong medication or incorrect dosage, administering medications improperly, or confusing medications between the mother and the baby. One common example is the misuse of labor-inducing drugs like oxytocin (Pitocin) or misoprostol (Cytotec). If these medications are administered incorrectly or at improper doses, they can cause uterine hyperstimulation, leading to fetal distress, placental abruption, or uterine rupture, which can deprive the baby of oxygen and cause brain damage or other birth injuries.

Epidural or spinal anesthesia errors, such as administering the wrong medication or incorrect dosage, can also harm the mother and baby.

Medication errors can also occur during the postpartum period, such as administering the wrong medication or dosage to the newborn, leading to complications like jaundice, respiratory issues, or brain damage.

  • Infection

Types of Birth Injuries

  • Cerebral palsy

Cerebral palsy can often be caused by medical malpractice or negligence during pregnancy, labor, or delivery. Some examples of medical errors that may lead to cerebral palsy include Failure to properly monitor the baby’s vital signs or detect signs of fetal distress, depriving the baby of oxygen. Misuse of birth-assisting tools like forceps or vacuum extractors, causing head trauma or brain damage. Failure to promptly treat maternal infections or jaundice in the newborn can lead to brain damage if left unchecked. Delaying or improperly performing an emergency cesarean section (C-section) when complications arise. Failure to diagnose or properly manage complications like umbilical cord prolapse or placental abruption that cut off oxygen supply. In such cases, the negligent actions or inactions of doctors, nurses, or other medical staff during the prenatal or perinatal period deviate from the accepted standard of care, resulting in brain injuries that cause cerebral palsy in the child. If medical malpractice can be proven as the cause, families may be able to pursue compensation through a lawsuit to cover the lifelong costs of caring for a child with cerebral palsy.

  • Erb’s palsy

Erb’s palsy, a form of brachial plexus injury, can be caused by medical malpractice during childbirth. This condition occurs when the network of nerves that control movement and sensation in the arm and hand are damaged, often due to excessive force or improper techniques used by medical professionals during delivery. Some examples of medical negligence that may lead to Erb’s palsy include failing to order a timely cesarean section for a complicated delivery, misusing forceps or vacuum extractors, applying excessive lateral traction to the baby’s head and neck, or improperly managing shoulder dystocia (when the baby’s shoulder becomes stuck during delivery). If the attending obstetrician, midwife, or other medical staff deviate from the accepted standard of care during labor and delivery, leading to nerve damage and Erb’s palsy in the newborn, it may constitute medical malpractice for which the family can pursue legal action and compensation.

  • Brachial plexus injuries

Brachial plexus injuries during childbirth can often be caused by medical malpractice or negligence on the part of the healthcare providers. One of the leading causes is the excessive force or traction applied to the baby’s head and neck during a difficult delivery, such as in cases of shoulder dystocia (when the baby’s shoulder gets stuck behind the mother’s pubic bone). Improper use of birth-assisting tools like forceps or vacuum extractors can also stretch and damage the delicate brachial plexus nerves. Additionally, failing to anticipate complications or perform a timely cesarean section when risk factors like a large baby, prolonged labor, or maternal diabetes are present can increase the likelihood of brachial plexus injuries. In some cases, the excessive force applied during delivery can even cause the nerves to completely tear away from the spinal cord, resulting in a severe and permanent brachial plexus injury known as an avulsion

  • Brain damage

Medication errors during pregnancy and childbirth can have devastating consequences, potentially leading to brain damage in newborns. One of the primary ways this can occur is through the improper administration or dosing of medications that can deprive the baby of oxygen (hypoxia) or cause direct injury to the developing brain. For example, errors involving medications used to induce or augment labor, such as oxytocin (Pitocin) or misoprostol, can lead to excessive contractions, placental abruption, or umbilical cord compression, cutting off the baby’s oxygen supply and potentially causing hypoxic-ischemic encephalopathy (HIE) or other brain injuries. Improper use of anesthesia or pain medications like epidurals containing bupivacaine can also lead to maternal hypotension and reduced placental blood flow, depriving the baby of oxygen. Additionally, some medications prescribed during pregnancy, if given at incorrect doses or contraindicated times, can directly impact fetal brain development or cause birth defects affecting the brain. Anticonvulsants, antidepressants, and even certain antibiotics have been linked to increased risks when improperly administered. Errors in monitoring therapeutic drug levels can also allow toxic buildup, putting the baby at risk. Ultimately, while many medications are crucial for managing complications during pregnancy and delivery, their improper use due to prescribing errors, incorrect dosing, drug interactions, or failure to account for patient-specific factors can starve the baby’s brain of oxygen or directly disrupt neurodevelopment, leading to permanent brain damage

  • Spinal cord injuries

Medication errors during childbirth can potentially lead to spinal cord injuries in newborns. One way this can occur is through the improper administration or dosing of anesthesia, such as epidurals or spinal blocks, which are commonly used to manage pain during labor and delivery. If an anesthesiologist makes a mistake, such as injecting the wrong medication intrathecally (into the spinal canal) or administering an incorrect dose, it can have neurotoxic effects on the baby’s spinal cord and nerves. For example, injecting certain chemotherapeutic agents like vincristine intrathecally by mistake can cause severe, permanent spinal cord injury and paralysis in the newborn. Similarly, overdosing on local anesthetics used for epidurals or spinal blocks can lead to neurotoxicity and potential spinal cord damage in the baby. Improper placement of epidural or spinal needles can also directly injure the spinal cord if not performed carefully. Therefore, extreme caution must be exercised by anesthesia providers to prevent devastating medication errors that can result in newborn spinal cord injuries and lifelong disabilities.

How We Can Help

If your child suffered a birth injury, you may be entitled to compensation for:

  • Medical expenses

  • Therapy costs

  • Lost wages

  • Pain and suffering

Our Bowling Green birth injury lawyers will work tirelessly to investigate your case, gather evidence, and build a strong case on your behalf. We will handle all the legal aspects of your claim so you can focus on your child’s recovery.

Schedule a Free Consultation Today

We understand that no amount of money can undo the pain of a birth injury. However, compensation can help ease the financial burden and ensure your child has the resources they need for a lifetime of care.

Contact the Bowling Green birth injury lawyers at DRS Law today for a free consultation. We will answer your questions and discuss your legal options.

DRS Law: Because every child deserves a bright future.

Call us today at 615-742-1775 or fill out our free case evaluation form.

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Excellent Reputation

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