Wisconsin Birth Injury Lawyer

Birth injuries are some of the most uncomfortable topics to think about. At such an important point in your life, you put complete faith and trust in the medical care providers who are assisting you through the birth process.

Unfortunately, if these parties behave negligently, severe harm could result. Negligence in the use of tools, surgical procedures, administration of anesthesia and other pharmaceuticals, and testing and monitoring of the mother and child throughout the process can result in birth injuries such as broken bones, fractures, and nerve damage, to name a few.

If your child experienced a birth injury, you deserve to know the facts about what happened and who was responsible. To get a free initial case assessment, reach out to the dedicated Wisconsin birth injury lawyers at Wruck Paupore today by calling (219) 322-1166.

Causes of Birth Injuries in Wisconsin

Unfortunately, many avoidable birth injuries occur every year that can have a lasting or even permanent impact on the baby. Some of these injuries are caused by natural complications and are not generally preventable. However, even if there are complications leading up to the birth, there are many steps that physicians and hospitals can take to reduce the danger to both mother and child. A failure to do so that results in harm could create liability for the parties responsible.

Below are some of the types of situations that may create grounds for a medical malpractice or negligence lawsuit after a birth injury occurs.

• Failure to plan for high-risk deliveries
• Inadequate monitoring of the fetus’ condition in utero (before birth)
• Improper administration of drugs (anesthesia, epidurals, etc.) to the mother during labor
• Inadequate testing to identify potential risks prior to birth
• Errors in electing to perform a cesarean section (C-section)
• Reckless use of forceps and vacuum-type instruments during birth

If you suspect that these or any other questionable physician or hospital behaviors may have contributed to your child sustaining a birth injury, bring your case to the attention of a Wisconsin birth injury lawyer as soon as possible.

Types of Birth Injuries in Wisconsin

There are a variety of conditions that could result from medical malpractice during the labor and delivery process. Below are summaries of just a few of the most common forms of birth injury.

Erb’s Palsy

Erb’s palsy is a birth injury involving the brachial plexus nerves most frequently associated with medical malpractice. When excessive force is exerted on the baby’s head, neck, or shoulders during delivery, the nerves that connect the upper extremities to the spinal cord can be damaged, causing paralysis or loss of sensation or control in the arms, hands, or shoulders. Depending on the extent of the damage, Erb’s palsy may not heal entirely and could cause indefinite disability.

Hypoxic Encephalopathy

Hypoxia occurs when the baby is deprived of a steady supply of oxygen for an extended period. This could occur during any stage of labor but most frequently occurs when there are delays in the delivery process. Hypoxic encephalopathy could lead to conditions such as cerebral palsy, which is a serious disability that may require lifelong care indefinitely.

Fractures

At the moment of birth, a healthy baby will have enough flexibility to allow them to navigate through the birth canal safely. However, a direct consequence of that added flexibility is the ease with which fractures may occur. This is particularly common where the baby is breech or positioned feet-first, which makes delivery much more difficult and could become life-threatening.

Infections

Though delivery rooms are typically sterile environments, that does not prevent infections from passing from mother to child in the birth canal. It is critical that physicians identify the potential for infection by conducting tests on the mother prior to the birthing process and plan accordingly to treat the infection and prevent the harm that it may cause.

The Role of Forceps, Vacuum Extractors, and C-Sections in Causing Birth Injuries

When medical malpractice is the cause of birth injuries, there are several usual suspects to blame. Improper use of delivery tools like forceps and extractors may cause fractures or nerve damage. The decision to use (or not use) a C-section may be made for the wrong reasons and could result in harm.

Purely by nature of not being a part of the hand, forceps are harder to control for medical professionals. During delivery, it may be hard to gauge how much force is being exerted on the baby through the forceps. This problem is magnified when vacuum extractors are used. Vacuum extractors are utilized far less frequently today than just ten years ago, at an estimated rate of 2.5% of all live births, which may indicate just how high of a risk they pose to the baby's well-being.

Conversely, C-sections are used more today than ever before. Since 1985, the World Health Organization (WHO) has suggested a reasonable rate of C-section birth to be between 10–15%. However, the CDC reports over 31% of all deliveries in the U.S. came by C-section in 2018.

Though some C-sections are performed out of necessity based on an emergent situation with the pregnancy, many are elective and scheduled ahead of time. It is concerning that there are motivating incentives for physicians to perform C-sections instead of allowing natural birth, including higher payment rates and convenient scheduling. C-sections should not be performed if not medically optimal, as these procedures are major surgeries that carry natural risks for both mother and child. If a physician decided that a patient should have a C-section for reasons other than the health of the mother and child, and that procedure resulted in birth injuries, this may be grounds for a lawsuit.

If You Suspect Medical Malpractice, Call Our Wisconsin Birth Injury Lawyers for Free

The first step on the path to justice for your child’s birth injuries is to contact the dedicated Wisconsin birth injury attorneys at Wruck Paupore today. When you call (219) 322-1166 right now, you can get a free initial case assessment and become informed of your legal rights.