While giving birth is a natural process, there are many risks associated with this event. Most people prefer to deliver their babies at a hospital—or at least with medical professionals nearby—so that assistance can be provided as soon as a potential issue arises. Whether you choose to involve a midwife, nurse, doctor, or other medical professional in the birthing process, you are putting your trust in them to keep you and your baby as safe as possible. Those who have entered the medical profession have been trained and prepared to “apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.” In other words, nurses, doctors, hospital workers, and other medical professionals should strive to treat parents and newborns with the utmost care to minimize potential harm or injury.
For many patients, the birthing process remains uneventful and ends successfully. Unfortunately, medical emergencies, unforeseen events, or other complications can arise that endanger the health and lives of the mother or child. These complications are often unanticipated, and the medical team may not be able to mitigate harm to the parent or infant. However, when a birth injury arises from a negligent healthcare worker, the damage can be all the more devastating—as it could have been prevented had a more focused and conscientious doctor or nurse handled the situation instead. If your family has suffered medical negligence during birth that involves infant spinal cord damage, you may be entitled to recover compensation. With the guidance of a knowledgeable and experienced Seattle birth injury legal professional on your side, you can identify the most strategic path forward that allows you and your loved ones to secure the compensation you need to support your healing journey. At Menzer Law, we treat each case and client with the utmost respect. We carefully manage our caseload to provide personalized attention and customized legal services to each client from start to finish. We take on cases where we can make the most significant impact, so please contact our office today to schedule a complimentary case review. This post will explore the consequences of infant spinal cord damage during the birth process and whether the circumstances surrounding the incident may constitute medical negligence in Washington state.
Distinguishing Birth Injuries From Birth Defects
First, it’s important to understand the key differences between birth injuries and birth defects. Sometimes, these two terms are used interchangeably, but they carry different meanings and legal implications. According to the nonprofit organization Birth Defect Research For Children, “A birth defect is a health condition or illness that forms while the infant is still in the womb, whereas a birth injury occurs while the mother is in labor or in the process of delivery.” Essentially, birth defects develop during the pregnancy and are usually triggered by genetic or environmental factors (i.e., exposure to pesticides, genetic predisposition to cystic fibrosis, etc.). Other factors, such as an expectant mother smoking or consuming alcohol during the pregnancy or contracting certain viral infections before giving birth, can also play a role in increasing the child’s risk of developing a birth defect. Birth injuries, in contrast, occur during the labor or delivery process, such as an umbilical cord wrapping around the baby’s throat and depriving the brain of oxygen or an injury caused by the use of forceps to extract the baby from the birth canal. While many birth injuries are not caused by medical negligence, some are. If you believe your child was injured during the birthing process because of a negligent healthcare worker, you may be able to pursue a medical malpractice claim to hold the at-fault party legally and financially responsible for their unacceptable actions.
What is a Spinal Cord Birth Injury?
While there are many types of birth injuries, we will focus on spinal cord injuries and their effects on the child and the family. Stanford Medicine defines the spinal cord as “a bundle of nerves that carries messages between the brain and the rest of the body. It sends data from the brain to the body and carries sensory information from the skin, bones, muscles, and organs back to the brain.” The spinal cord is an extremely important yet highly vulnerable area, and any injury to the spinal cord can cause significant and even permanent damage. Spinal cord injury at birth can occur when the area of the neck or spine is compressed or bent during the delivery process. These injuries can arise during particularly difficult deliveries, such as when the baby is in the breech position (which can put excessive strain and pressure on the infant’s spine and neck), and the delivery nurse or doctor needs to adjust the baby’s position to encourage delivery. Any injury, pressure, or damage to the spinal cord area can lead to symptoms like a complete or partial loss of sensation, limited mobility, or breathing problems.
Symptoms and Prognosis of Infant Spinal Cord Damage
Spinal cord injuries are classified as either complete (i.e., there is no movement or feeling below the point of injury) or incomplete (i.e., some nerve communication remains). The symptoms associated with an infant spinal cord injury can vary significantly and may include the following: muscle weakness, breathing complications, loss of voluntary muscle movement in the extremities, loss of sensation in the chest or extremities, loss of bowel or bladder control, poor blood pressure control, or abnormal autonomic regulation. The nature and extent of the symptoms depend on where the spinal cord injury occurs. For instance, injury to the neck area can cause tetraplegia, which means the loss of muscle function and sensation below the point of injury (including the arms, legs, and chest). An injury to the lower spinal cord may result in loss of leg sensation and function. The full extent of the spinal cord injury may not be known right away. Rather, repeated testing may be the best way to estimate the long-term impact of your child’s spinal cord injury. Although some spinal cord injuries may be mild and resolve over time, others can have lifelong consequences that lead to permanent disabilities, intellectual impairment, and other long-term complications.
Labor and Delivery Malpractice Claims in Washington State
Since the labor and delivery process is inherently complex and involves certain risks, proving that your child’s spinal cord injury was caused by a negligent or careless medical worker can be difficult. The doctor, nurse, or hospital will likely deny any wrongdoing and argue that the injury was an unfortunate aspect of a complicated birth. However, when you enlist the guidance of an experienced and caring Seattle medical malpractice law firm, you can rely on these legal experts to assess every detail of your case and build a robust and compelling medical malpractice claim to secure you the compensation you deserve for the pain and suffering, costly medical bills, and other expensive consequences arising from the birth injury. One of the most critical steps in preparing a successful medical malpractice claim is establishing that your healthcare provider failed to uphold their professional standard of care. As a result of this breach of professional responsibility, you and your child suffered an injury that otherwise would not have occurred had you been under the care of a more focused and cautious medical worker of comparable status. Ultimately, you and your medical malpractice attorney will need to provide clear and convincing evidence that the hospital or healthcare worker acted negligently and that this negligence directly led to the injury (and the associated costs).
Pursing Birth Medical Negligence Compensation
Spinal cord injuries can cause permanent disability and forever alter the course of your and your child’s life. Washington state recognizes that those injured at the hands of negligent medical professionals deserve compensation to account for the economic and emotional impact of the traumatic event they endured. Families affected by infant spinal cord injuries can seek compensation for medical expenses, loss of income, the child’s future earning potential, and the pain and suffering associated with this devastating event. Since spinal cord injuries may lead to permanent disability that may require the use of a wheelchair for the duration of the child’s life, the amount of compensation you recover should reflect the long-term financial ramifications of this serious injury. Your child may need ongoing medical care, especially if they hope to live independently later on. When you meet with your dedicated and empathetic birth injury legal professional to discuss your claim, you can explore the short-term and long-term costs that you and your family will likely face for years to come. Moreover, simply talking through this traumatic event with your caring legal advocate can give you the reassurance you need to face the future with greater optimism and equanimity. Together, you can take the necessary steps to hold the negligent party responsible for their actions and pursue justice on your child’s behalf.
If your family has been affected by an infant spinal cord injury or other form of birth injury at the hands of a negligent medical provider, you may be able to recover the compensation you need and deserve. Reach out to Menzer Law today by calling our Seattle office at (206) 903-1818 for a complimentary case review.