It is unimaginable to consider something going wrong when you have your baby, but mismanaged labor is a real thing that can lead to traumatic birth experiences that have lifelong impacts on both the mother and the child.
If you and/or your child were the victim of a mismanaged labor, you need an experienced attorney to advocate for your rights. Fighting large hospitals and their insurance carriers can be overwhelming, but you can trust The Dixon Firm to fight aggressively for you and your child’s rights.
What Is a Mismanaged Labor?
Labor is notorious for being long and arduous. Although labor is intense, there are parameters in place that ensure it is properly monitored so both the mother and the baby are kept safe and never in distress.
Mismanaged labor occurs when labor is excessively long or stunted. Labor that lasts longer than 14-20 hours can pose serious health risks to both the mother and the baby. Symptoms of mismanaged labor include:
- Labor that exceeds 14-20 hours
- Stunted labor, or labor that does not progress as expected
- Excessive pain in the sides and legs due to increased pressure on the spine during labor
- Abnormal vitals in the mother and/or the baby
Mismanaged labor may happen if a hospital is overwhelmed with patients, short-staffed, or simply makes a mistake.
Common Complications During Labor and Delivery
Complications during labor and delivery are not uncommon, but in a hospital environment, medical staff should be continually looking for cues that a birth complication could be occurring and intervene as necessary. Some common complications include:
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Labor is not progressing.
If labor does not progress effectively, medication may be used to speed up the process. In some cases, a cesarean birth may be the safest route.
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Abnormal heart rate of the baby.
An abnormal heart rate is not an immediate emergency, but may indicate a need for the mother to reposition to allow the baby to receive more blood flow.
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Perineal tears.
During delivery, the soft tissues of the vagina may tear. Most of the time, these tears can heal on their own. In some cases, stitches are needed to help repair the tear.
A hospital has a responsibility to meticulously monitor the mother’s and baby’s vitals and to oversee labor and delivery to ensure it is as safe and smooth as possible. If a complication arises, they should be able to intervene to preserve and protect the process. Sometimes, oversights occur, which lead to birth injuries that could impact the baby for their entire life.
How Complications Lead to Birth Injuries
It may seem that labor and delivery complications would only impact the mother, but these complications can lead to serious injuries to the baby. The mother, likewise, can suffer from long-term injuries due to birthing complications.
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Improper administration of birthing tools.
The use of forceps or a vacuum can impact both the mother and baby. The mother’s pelvic floor muscles may be damaged, and the baby may develop skull fractures, nerve damage, seizures, and excessive bleeding.
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Failure to notice fetal distress.
If the baby’s vitals are not properly monitored, there is a chance for a birth injury that could impact labor and the vitality of the mother and child.
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Delayed C-section.
Sometimes a C-section birth is the right decision. If a hospital or care provider delays a C-section, the risk to the baby and the mother increases.
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Improper use of labor and delivery medications.
Uterine rupture and excessive bleeding can occur when labor and delivery medications are not administered timely, and in the right doses.
Unfortunately, many birthing mothers are unaware that they are being mishandled by their care team. They may believe that the length of time they are laboring is normal, or that what they are experiencing is “normal.” Healthcare providers may attempt to cover their mistakes by convincing a mother to believe that her excessive labor and delivery time, pain, or concerns are completely normal.
How Medical Negligence Leads to Birth Injuries
Medical providers have a duty of care to both mothers and babies. When that duty is breached, a birth injury may occur. Birth injuries fall under the category of medical malpractice. This means that either intentionally or unintentionally, a care provider treated the mother and/or baby negligently, and as a result, an injury was sustained that resulted in damages.
How Do You Prove Medical Negligence?
Proving medical negligence is nuanced and requires you to meet four criteria.
- First, you must establish that the medical provider had a duty of care to the mother and her unborn baby.
- Second, you must prove that the provider failed to meet that duty of care, either intentionally or unintentionally.
- Third, you must prove that as a result of this breach of duty of care, an injury was sustained.
- Fourth, you must prove that the injury resulted in damages.
You must be able to prove that the medical provider did not give you reasonable care under the circumstances, based upon national standards. Medical providers and their insurers have massive legal teams to fight these types of claims, so it is important to have an experienced birth injury attorney on your side.
At The Dixon Firm, we understand that mismanaged labor is often disguised as “normal” or written off as something unfortunate but outside of a healthcare provider’s or establishment’s control. We fight for your rights to recover your damages and move forward with your life.
How The Dixon Firm Can Help with a Mismanaged Labor Case
Fighting doctors and insurance companies can be difficult, but our medical malpractice lawyers are ready to take your case. We offer the ability to carefully review your case, collect evidence, determine liability, and file a claim on your and/or your child’s behalf.
Talk to an Experienced Lawyer at The Dixon Firm Today for Help
Your birth experience was traumatic, and it resulted in injuries that you and your child may still be suffering from today. You deserve aggressive and experienced representation to go against big insurance companies and negligent healthcare providers. Contact us today for a case review and to learn how we can help.
