Despite modern advancements in medicine and technology, the birth of a child is still an unpredictable medical procedure. Complications can suddenly arise, and health care providers must do their best to address them in a safe and prudent manner.
Medical professionals are held to a high standard of care when it comes to treating a mother and child. If prolonged labor could have reasonably been prevented, a birth injury lawyer in Minneapolis can help you determine if the attending physician or health care center should face liability for medical malpractice.
What Is Prolonged Labor?
Every birth experience is unique. Some births occur rapidly, while others can take many hours or multiple days. A “prolonged labor” generally refers to one that surpasses 18 hours for a first-time mother, or three hours after the cervix has become fully dilated. If it is not the mother’s first child, labor is considered prolonged after two hours post-dilation.
What Are the Risks of Prolonged Labor?
Prolonged labor comes with certain risks for both mother and baby. If the infant is stuck in the birth canal for an extended period of time, this puts the baby at risk of being deprived of oxygen (hypoxia or anoxia), with related potential injuries such as brain damage, cerebral palsy and developmental delays.
A mother can suffer harm such as hemorrhage (internal bleeding), intrauterine infection and intracranial hemorrhage from an especially long labor. The stress on the mother from prolonged labor may also lead to cardiovascular problems and stroke. The risks associated with a long labor are why the delivery team must be aware of how to appropriately react to this dangerous situation.
Understanding Physician Liability for Prolonged Labor
A doctor can potentially be held liable, or legally and financially responsible, for injuries caused by prolonged labor if a reasonably prudent doctor in the same field would have made different choices in similar circumstances to prevent the harm suffered by mother or baby.
If a physician would have administered medications to speed up the labor, for example, or monitored vital signs to quickly detect signs of fetal distress, anything less than this standard of care could be indicative of medical malpractice.
What Types of Medical Malpractice Could Cause Prolonged Labor?
While many natural causes and complications can result in a long labor, there are also mistakes and oversights that a negligent physician can make that increase the odds of this issue occurring.
Examples include:
- Epidural errors
- Failure to diagnose maternal conditions
- Ignored signs of fetal distress
- Failure to order a C-section
- Improper response in an emergency
- Mismanagement of birth complications
- Improper use of birth-assistive tools (or failure to use)
- Poor communication or decision-making
Doctors must be properly trained, educated and prepared to adapt immediately to changing situations during the birth of a child, including emergencies that require professional intervention. Violating this duty of care could lead to a lawsuit against the physician for malpractice.
How to Hold a Doctor Liable for Prolonged Labor
If you suffered through prolonged labor and you or your child were injured as a result, discover whether you have grounds to file a medical malpractice claim by consulting with an experienced personal injury attorney near you.
A lawyer will carefully review your case and listen to your birth story to search for signs of medical negligence. Then, your lawyer will gather evidence to prove the required elements of a claim, including hiring medical experts. An attorney can fight for justice for a prolonged labor that should have been prevented on your behalf while you and your family concentrate on healing.