Obstetrician in Portugal Suspended in Failure to Diagnose Case
As reported on bbcnews.com, medical council officials unanimously voted to suspend a Portuguese obstetrician for six months after a baby was born in his care without a nose, eyes or part of his skull. Dr. Artur Carvalho is being accused of negligence for a failure to diagnose and notify the parents of baby Rodrigo about their son’s severe physical abnormalities despite the three ultrasound scans performed during her pregnancy under his care. Making matters worse, the mother had a fourth, more detailed ultrasound at a different clinic when she was six months into the pregnancy and was told that there could be abnormalities. When she brought up the risk to Dr. Carvalho, he allegedly dismissed the concerns. When the baby was born with the obvious disfigurements, his parents were told that he would only live a few hours but he is still alive and in hospital care after a few weeks.
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Birth Injury Caused by OB/GYN Negligence
Pregnancy and birth happen every day all around the world. While most pregnancies and deliveries go smoothly and result in the birth of health babies and mothers; tragic birth injuries do happen. Data from the birthinjuryguide.org shows that of every 1,000 infants born in the United States, six to eight will suffer a birth injury that occurred during gestation or the delivery process. The sad reality is that the United States is the most dangerous place in the developed world to give birth (except for California). The maternal mortality rate has more than doubled in the U.S. over the last 30 years, despite medical advances in other fields and decreasing maternal mortality rates in other developed countries. In 2015, the U.S. maternal birth injury rate was 26.4 per 100,000 births. In 2006 alone, 157,700 mothers and infants were injured during birth and experts estimate that about 50 percent of these birth injuries could have been avoided with better obstetrical care.
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Can a Nurse be Held Responsible for Birth Injuries?
According to the birthinjuryguide.org, between 6 and 8 per 1,000 babies born each year endure a birth injury in the United States and the majority of these injuries are preventable with proper medical care.
A birth injury is any form of injury endured by an infant during pregnancy or delivery. There are many ways that a birth injury can happen. Common causes of birth injuries include the use of prescription or illegal drugs during pregnancy, aggressive birthing tactics, delayed birth, or oxygen deprivation due to a failure to recognize signs of fetal distress during delivery. When a medical professional fails to act within generally accepted guidelines for a medical professional under similar circumstances, they may have acted negligently. If an injury happens as a result of negligence, a medical malpractice claim may be an appropriate way to recover damages. Medical professionals include doctors, pharmacists and nurses.
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My Infant Sustained a Birth Injury. Do I have a Legal Case for Medical Malpractice?
It is every parent’s worst nightmare: your child is born with a birth defect or experiences a birth injury during delivery. Some birth injuries are caused by negligent actions by a physician or obstetrician before or during birth and can cause permanent disability leading to lifelong care.
In the U.S., it is estimated that 5 out of every 1,000 births incur a birth injury. If the infant was injured in a preventable situation, the child’s parents may be entitled to damages for medical bills, lost wages, loss of future earning capacity, general pain and suffering and emotional distress. If you believe your doctor, hospital or others acted negligently and caused a birthing injury, please contact a medical malpractice attorney today for legal consultation and potential representation.
Birth Injuries vs. Birth Defects
According to the Center for Disease Control, birth defects are the leading cause of infant death and other serious infant health conditions in the United States. It can be very difficult to decipher whether a complication during delivery caused a birth injury or the infant was born with a birth defect. Many birth defects are unavoidable or were caused by other factors such as alcohol or drug use during pregnancy, prescribed medications, or exposure to toxic chemicals. Birth defects can range from minor to life altering. A birth injury is caused during labor and birth; a birth defect was formed before labor. If you believe your infant suffered a birth defect as a result of exposure to toxic chemicals, prescription medication or another external factor, you may be entitled to compensation. Please contact a personal injury attorney today for full legal consultation.
Do You Have a Legal Claim against a Birthing Injury?
If your physician used mechanical forces such as stretching, pulling or pressure during delivery, there is a possibility that your baby’s oxygen supply was cut off and caused brain damage. Your physician may also be liable for damages for not taking appropriate actions to monitor, diagnose, assess or otherwise respond to symptoms or conditions presented during your pregnancy or labor thus contributing to a birth injury.
Common Types of Birth Injuries
A Brachial Plexus (Erb’s Palsy)
A Brachial Plexus injury is paralysis of the arm due to damage of the upper group of the arm’s main nerves, the C5-C6. This damage is commonly caused by a side-pulling of the infant’s neck or head while the shoulders pass through the birth canal during an abnormal or difficult childbirth or labor. The condition can also be caused by aggressive pulling on the shoulders during a head-first delivery or by pressure on the raised arms during a breech (feet first) delivery.
Cortical Blindness
Cortical Blindness is the total or partial loss of vision in an otherwise normal-looking eye caused by damage to the brain’s occipital cortex. The most common cause of cortical blindness is ischemia (oxygen deprivation) to the occipital lobes sometimes caused by birth injuries.
Cerebral Palsy
Cerebral Palsy is a condition characterized by, but not limited to, abnormal muscle tone and/or coordination, impaired motor function, speech disorders, epilepsy, seizures and learning disorders or disabilities which may be caused by birth trauma.
In order to successfully acquire birthing injury related damages from your doctor, hospital or other medical staff, you will need to prove their negligence. A medical malpractice attorney is there to help you prove your case, starting with the particulars of your circumstance and consulting other medical experts who will show what level of care is considered reasonable and how the birth injury could have been avoided. If you have been affected by a birth injury, protect your rights.
Consult with a birth injury attorney with experience and success in both medical malpractice and birth injury claims at Tario & Associates, P.S today.
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