In cases where the birth ended in physical injury, to the newborn or mother, there is room to examine the sequence of events that led to the injury and even consider seeking legal advice.
A lawyer who specializes in the field of medical malpractice will examine whether there have been defects in the conduct of the medical staff at the various stages of the birth that caused the damage and, if he deems it appropriate, he will consult a medical expert in the relevant field.
It should be emphasized that not every treatment error on the part of the medical staff amounts to negligence (in the legal sense of the term) and that various complications during childbirth do not necessarily indicate that its management was negligent.
When, then, is it negligence?
When the doctor's error was due to incompetence or deviated from the reasonable level of care, and the lack of skill and deviation from the usual level of care caused harm to the patient that would not have been caused if the doctor had not acted so.
In this article we will look at the different stages of childbirth, explain what complications can occur in each of the stages and when they lead to medical malpractice.
The axis phase
The labor phase lasts on average between 8 and 14 hours.
At this point the cervix opens gradually (to allow the fetus to pass through at birth) and at the end of the process should reach a diameter of about ten inches.
Most cases of medical malpractice at the labor stage involve not identifying fetal distress prior to birth, which has caused harm to the newborn that is sometimes even manifested in cerebral palsy.
Cerebral palsy (CP):
Cerebral palsy is a term "basket" that describes a variety of neurological defects caused by damage to brain tissue, usually as a result of a lack of oxygen supply to the fetal brain tissue.
The impairment can be manifested in movement disorders and the ability to function to varying degrees, impairment in one of the senses - blindness or deafness, retardation, impaired intelligence, speech difficulties and so on.
Cerebral palsy can be caused as a result of a lack of detection or delay in the identification of a perinatal asphyxia, which is manifested in a failure in the supply of oxygen to the brain tissue of the fetus.
In general, monitoring the condition of the mother and proper decipherment of the monitor that monitors fetal heart activity should lead to early detection of the development of fetal distress, allowing the medical staff to act quickly and rescue the newborn before being irreversibly injured.
Cases in which the medical staff ignores signs that the fetus is deficient in oxygen or that the staff is not correctly interpreting the data in front of it and in particular the fetal monitor or responding late to the distress expressed in the monitor - may constitute negligence.
Cerebral palsy can also be caused as a result of a umbilical cord sagging as well as as a result of a ruptured uterus that was not detected in time.
Even in these difficult events it is worthwhile to find out whether the medical staff has acted properly.
For example, Advocate Anna Reif Liganza, from Caspi Srur & Co., which specializes in representing victims of medical malpractice, says that her office handled a claim of a child injured during childbirth after the midwife ruptured the amniotic sac when the fetal head was too high, causing the umbilical cord to sag. (When the umbilical cord precedes the fetal head) and damage to the oxygen supply to the fetal brain (as a result of pressure of the fetal head on the umbilical cord) and be born with severe neurological damage.
In another case, an attorney said her office filed a lawsuit due to the gross medical malpractice of a maternity ward staff at a large hospital who during childbirth did not detect in a timely manner clear signs that necessitated a real suspicion that the mother was suffering from a uterine rupture in her previous pregnancy scar.
The fetus that was ejected through the rupture in its mother's womb into the abdominal cavity suffered from severe fetal distress until it was rescued at a late stage when it was on the verge of death.
Due to the severe fetal suffering during birth the child was caused a complex neurological disability.
We emphasize that in order to be entitled to compensation, the plaintiffs must prove, in addition to the negligence, that there is a causal link between the negligence of the medical staff that led to the unidentified asphyxia and the damage caused to the newborn, i.e. the damage caused by such negligence. The examination of the causal connection will be carried out by examining medical indices which, according to the medical literature, only in their existence there is a causal connection between the asphyxia and the brain injury. Among other things, the indices of the level of acidity in the fetus' blood, its Apgar scores, the existence of neurological and systemic damage and more are examined.
Fetal death
"Unfortunately, in severe cases, ignoring fetal distress can also result in the death of the fetus," explains Adv. Reif-Liganza of the law firm of Caspi Srur & Co. " The screening, despite abnormal findings that emerged from fetal monitoring tests.
The failure of the medical staff led to the death of the fetus in the plaintiff's womb the day after her release. "
The active birth stage
The active birth phase begins when the opening of the cervix reaches a diameter of 10 cm and ends with the birth of the baby.
Unfortunately, most medical complications occur during this critical stage.
Photo: pexels,
Delay in delivery and avoidance of caesarean section
In some cases, dysfunctional birth develops, that is, a lack of progress of the active birth process.
In such situations it is customary to perform a caesarean section, in order to prevent various damages that may be caused to the fetus due to the delay in birth.
"There are cases where failure to perform a cesarean section on time can cause irreversible damage to the fetus," Advocate Reif-Liganza explained to us.
Contrary to all known medical practice, the medical staff were not able to identify the fetal distress and perform a cesarean section despite the particularly slow progress of the birth.
The delay in performing the surgery caused systemic damage to the birth that eventually led to her death shortly after her birth. "
Negligence in vacuum birth
In situations where the mother or fetus is in significant danger that requires a particularly quick end to the birth, a vacuum birth (empty sucker) is sometimes performed.
In this process, a "dome" is attached to the fetus' head using a vacuum and the fetus is forcibly pulled out.
Naturally, this operation involves dangers and can cause damage to both the fetus and the mother and therefore requires great care, accuracy and skill.
In these cases medical malpractice may manifest itself in the doctor not following the binding guidelines and performing the operation despite the existence of the contraindication, such as when the fetal head is too high in the pelvis, or performs it for longer than allowed or when despite failure several attempts the doctor continues. From the number of attempts allowed.
In these cases if the negligent vacuum action caused damage to the newborn - among other things it could cause cranial damage and bleeding that could lead to the development of brain damage - there is room to file a tort claim.
Paralysis in the name of ERB
Paralysis in the name of an ambush, here is a congenital nerve injury in the brachial plexus (a nerve junction that connects the spine to the top of the shoulder) and when it occurs during childbirth it is worth checking whether the damage occurred as a result of negligent staff negligence. The injury is manifested in weakness of the wrist muscles and can reach complete paralysis of the entire arm. This paralysis is often caused by difficulty in removing the newborn due to the occurrence of 'shoulder dislocation' - a midwifery emergency that occurs when the fetus' shoulders are trapped inside the birth canal after its head has come out.
When should you suspect that the paralysis was caused as a result of medical malpractice?
In cases where the assessment of the weight of the fetus indicated that it is a macrosomic fetus, meaning that it is expected to be born weighing more than 4.5 kilograms and according to the guidelines it is better to give birth to the mother by caesarean section.
When the weight of the newborn is over 4 kilograms, a caesarean section should be considered in light of the risk factors, including gestational diabetes and prolongation of the second stage of birth.
In the event that the medical staff ignores the abnormal weight assessment of the fetus or other risk factors and chooses to continue with vaginal birth and the risk of shoulder dislocation and paralysis named ERB materializes, there is a reasonable possibility that it is medical malpractice.
Indeed, in CA 2694/90, the Supreme Court ruled that "the risk of shoulder stenosis occurring during childbirth can be predicted to some degree of accuracy, and the way to prevent shoulder stenosis where there is a risk of it occurring is to perform a caesarean section."
Placenta exit stage
The separation of the placenta from the uterus and its exit occurs due to the contraction of the uterus after the exit of the newborn and is accompanied by bleeding.
The process lasts in most cases up to half an hour from the moment the baby leaves and usually takes place spontaneously, without the involvement of the medical staff.
After the placenta leaves, the medical staff will check whether it has come out in its entirety or whether parts of the placenta remain in the uterus.
During this stage, complications may occur that may cause serious harm to the mother.
One of the known complications as a result of placental remnants in the uterus is called "Asherman's syndrome", scarring of the uterine wall is the result of inflammation caused by remnants of placental remnants in the uterus, a phenomenon that affects the uterine mucosa in a way that does not allow pregnancy.
Therefore, in cases where the medical staff did not identify that there were placental remains or did not take all measures to prevent damage to the uterine mucosa despite the suspicion of placental remains in the uterus, it may be medical malpractice and the case deserves thorough investigation by an experienced lawyer.
Death of the mother
The death of a mother during childbirth is a rather rare euro.
In these cases, the event that was supposed to bring happiness and joy of life to the whole family becomes, unfortunately, the most tragic event for her.
In some cases, the medical staff does not detect bleeding in the mother on time or responds late to such bleeding.
"For example ...," Advocate Reif-Liganza told us, "our firm filed a lawsuit concerning the death of a mother, when in that case the medical staff ignored and did not respond to the woman's alarming vital signs, for long hours, and was late in diagnosing massive and uncontrollable bleeding that occurred as a complication. It is known from the background disease from which she suffered. "
"In another case ...", Advocate Reif-Liganza said, "our firm represented the relatives of a mother who died after giving birth to twins due to bleeding that originated in the improperly stitched cesarean section.
"In that case, the midwife complained of severe pain and weakness after the operation, but the medical staff did not respond properly to her complaints and her clinical condition, responded late only after her body systems began to collapse, which led to her death."
Uterine loss
In severe cases, medical malpractice in childbirth can lead to hysterectomy, says attorney Reif Lingza: "Our firm has filed a lawsuit against a hospital based on hysterectomy due to post-birth medical malpractice.
In that case, the mother, a 31-year-old woman, lost her womb due to a lack of proper treatment for the massive bleeding observed by the medical staff after the birth and despite this, no actions were taken during the operation that could have prevented the damage. "
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What is the compensation awarded in medical malpractice claims at birth?
Compensation for a newborn for injury due to medical malpractice in childbirth includes many damage components, with the most significant amounts being provided for pain and suffering, nursing and wage care, wage losses and pensions for the victim and even his parents and other damage components. The compensation awarded to an injured minor for wage and pension losses is calculated in most cases on the basis of the average wage in the economy.
The compensation also includes medical expenses, the cost of medical and rehabilitative accessories, the cost of adjusting housing to the baby's needs, mobility and more.
"The amount of compensation is determined in each case individually and according to its circumstances," says Adv. "There are cases where the procedure ends only in a judgment, then if the lawsuit is not denied the plaintiffs will receive full compensation for all their damages and for example, in a lawsuit conducted by our firm, the district court ruled for a minor who suffered cerebral palsy due to delay in identifying fetal distress. .
In conclusion
Medical malpractice in childbirth is undoubtedly a nightmare for every family.
In these cases, a proper legal examination of the sequence of events that caused the tragic outcome, by a lawyer skilled in handling medical malpractice lawsuits, could help you win the compensation you deserve.
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