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Having a baby is an exciting time for most people. For many families welcoming a new baby into the family is the beginning a long, but fulfilling journey. Being a new parent means you are constantly worrying about your child’s safety. Parents pick the safest car seat, cover outlets and buy cabinet locks in an effort to keep their baby as safe as possible. However, unforeseen negligence by hospital staff can lead to birth injuries that cause both the child and parents to suffer.

One Carlson Law Firm client was especially excited about the birth of her first child. From the moment her pregnancy was confirmed, there were no indicators that her child would have special needs. However, the negligent acts of medical and nursing staff led to serious injuries that the child would not otherwise have suffered if not for the hospital staff’s reckless behavior.

Our client entered the hospital at full term. Upon checking in, fetal monitoring showed that her baby’s fetal heart rate was healthy and normal.

Doctors prescribed our client Pitocin. This was despite the fact that she was already having sufficient contractions and progression of cervical dilatation and effacement. As a result of this failure to assess her condition, the Pitocin created excessive uterine activity, called hyperstimulation, which is medically known to change the pH balance in the blood and can lead to low APGAR scores. In addition, shifts in the pH balance of a baby’s blood indicated a significant effect on various fetal organs, the central nervous system, and the cardiovascular system. Doctors, however, continued to use the drug on our client.

Because of the uterine hyperstimulation caused by the Pitocin and prolonged pushing, the baby’s head became wedged deep in the mother’s pelvis. Doctors, realizing their mistake, began to panic and ordered an emergency “T” cesarean section (c-section) — the most difficult type of c-section to repair and heal from.

Hospital staff tending to our client allowed her to labor for an unreasonably long period of time. This extended laboring took away the chance to have a safe, planned and controlled c-section.

Our client’s child was born full term at 6 pounds and 10 ounces. However, after 39 hours of labor, he was born lifeless, limp and apneic. His Apgar scores were 0, 0, 0, and 0 at 1, 5, 10 and 20 minutes of life. The medical team began resuscitation efforts which were poor and unsuccessful. To add insult to the already devastating injury, doctors stopped the resuscitation efforts. They then told our client and her husband that the child was deceased. Nearly 20 minutes later, providers noticed that the baby was actually still alive. Staff intubated the child and sent him to a neonatal intensive care unit at another facility.

During the term of the pregnancy, there were no indications that the baby would have motor or developmental delays. However, the child’s traumatic birth caused significant injuries and damages, including brain damage, neonatal seizures and cerebral palsy, which will have severe, devastating, life-long impact on the child.

“What our client is dealing with has been an ongoing ordeal and will likely lead to ongoing medical costs to give her child some semblance of a quality of life,”  attorney L. Todd Kelly said. “It can be easy for parents to blame themselves for what happened to their child. However, in the case of birth injuries, it’s always best to seek the opinion of an attorney. We can help you determine how the hospital or your physician may be at fault for you or your child’s injuries. If this is your situation, your injured child is entitled to compensation for medical negligence.”

The Carlson Law Firm Can Help

Our team has more than 40 years of experience protecting the rights of injured children and their parents.

Birth injuries have a devastating effect on not only the child but also the mother, who can also suffer severe injuries when health care teams fail to provide proper care. If you or someone you love suffered due to the carelessness of a medical professional, it is in your best interest to contact a medical malpractice attorney at The Carlson Law Firm, as soon as possible. We can help at any stage of the process.

We are available 24/7. Contact us for a free, no obligation consultation.

We care, we can help.

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