Medical Malpractice: Birth Injuries
Medical malpractice is also known as “professional negligence.” Professional negligence is different than ordinary negligence; ordinary negligence occurs when a person has a duty to act using the level of care of a reasonably cautious, prudent person, such as the average person on the street.
A doctor has the higher "professional negligence" duty of care because of her training and position. A doctor must act with the heightened carefulness of a professional – a reasonably prudent doctor within her local area.
Since birth is a naturally traumatic event for the bodies of both mother and child, birth injuries can occur naturally, when a doctor could not have reasonably prevented such injury. After all, throughout most of human history, deaths involving childbirth were relatively common. However, birth injuries can also occur because of physician error through negligence.
Birth injury is often the most heart-wrenching form of medical malpractice. A common case of medical malpractice is where the doctor fails to perform a c-section. A vaginal delivery is naturally dangerous. The most critical time is when the baby’s head has been delivered, but the shoulders have not yet squeezed through the pelvic bone opening. In twisting and pulling the head, the doctor can cause a number of injuries to the baby’s brain, head, neck, and shoulder area.
Nerve damage around these areas can cause cerebral palsy and Erb’s palsy. The doctor must use professional standards in choosing to perform a vaginal delivery, such as the baby’s size versus the pelvic size. Other factors include diabetes, the age of the mother, and ultrasound results. The doctor must weigh all of the factors to come up with a risk / reward ratio that is justified by professional standards of care, or else face a malpractice lawsuit.
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Last Modified: 12-02-2009 12:02 PM PST
