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Kathy McGinn, R.N., B.S.N., L.N.C.C.

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Medical Negligence

Medical Negligence or Malpractice during Childbirth 

Sometimes, a birth injury is a result of negligence on the part of the physician and other medical providers who care for a woman during her pregnancy, labor and delivery. Medical negligence, or malpractice, occurs when a doctor, or other health care provider, deviates from accepted standards of practice, and consequently causes harm to a patient.

Birth injuries can be caused by medical negligence in a variety of scenarios, including, but not limited to, the following:

  • Failure to accurately interpret fetal ultrasounds or heart rate monitors
  • Failure to identify and respond to fetal distress in a timely manner
  • Failure to perform a cesarean section (c-section) when warranted
  • Failure to expedite delivery of the baby
  • Excessive force applied by obstetrical and operative devices such as forceps and vacuum extractions 
  • Improper use of Pitocin, a drug which is used to induce or facilitate labor
  • Applying excessive force to a baby's neck or shoulders during delivery
  • Failure to adequately resuscitate or care for the newborn after delivery

Medical Negligence may also be due to a physician’s improper management of a complicated pregnancy or delivery situation such as:

  • Abnormally large babies
  • Prematurity; babies born before 37 weeks
  • Abnormal maternal bleeding or fetal bleeding
  • Compressed or prolapsed umbilical cord
  • Prolonged labor
  • Abnormally large fetus
  • Underweight or premature fetus
  • Abnormal birthing presentation, such as breech
  • Detached placenta
  • Inadequate pelvis size for vaginal delivery
  • Maternal infections

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