The Birth Injury Case: Proving Malpractice (Part I)

is nothing more devastating than having a child bornwhich records the baby’s heart rate, your
with a hypoxic brain injury. The mere fact that yourcontractions and vital signs. The electronic fetal
child has a devastating injury or defect does not,monitor is intended to serve as an early warning
however, mean that a doctor or nurse did somethingsystem for potential problems with you or your baby.
wrong. Separating the instances of unpreventable,An expert can review these tracings to determine if
unfortunate outcomes from true medical malpracticethere were signs of potential problems which went
typically requires the assistance of an experiencedundetected and/or unresolved. The monitor tracings
birth injury lawyer. Most lawyers, once provided withmay reveal whether your contractions were
the medical records, will undertake to evaluate youroccurring too close together, whether the baby was
circumstance at no charge to you, and with the helpexhibiting signs of fetal distress and the extent to
of medical consultants will determine whether there iswhich nurses or physicians involved in the care were
a provable claim. In Part I of this article, we we willproperly monitoring you and your baby and
discuss the information needed to evaluate a medicalresponding to any signs of danger. A hard copy of
malpractice binrth injury claim.a. Mother’sthese monitoring strips are typically maintained by the
Prenatal Records Before the Birth of the Babyhospital with the medical chart, and may contain hand
Typically, the mothers have had prenatal care, andwritten notations by the nursing staff with regard to
have been seen by an OB/GYN, either privately orwhat, if anything, was being done. These tracings can
through a clinic, and have had ultrasounds or otherbe the most significant evidence of negligence in a
imaging performed during their pregnancy. Theselegal case.d. The Baby’s Records
records must be reviewed and analyzed for signs ofThe baby’s records will document the
problems during the pregnancy that may not havebaby’s APGAR scores which assess the
been properly addressed, or for evidence of astatus of the baby at one and five minutes after
genetic condition which may have caused the poorbirth, as well as the pH and oxygenation levels of the
outcome. Whether you have been properly screenedbaby’s blood. They will reveal when and if
for gestational diabetes, pre-eclampsia (high bloodyour baby suffered seizures consistent with a
pressure associated with pregnancies) or otherhypoxic injury, during the post-partum period.e.
conditions which might have affected the birth will beImaging Studies
apparent in the prenatal record. These records willUltrasounds, CT scans, and MRIs of the
also identify the baby’s due date andbaby’s brain taken after the birth may reveal
whether the baby was overdue orthe presence of an anoxic brain injury and whether
pre-mature.b.Mother’s Hospital Recordsthe damage was an acute event. These studies may
Hospital records of the labor and delivery willprovide a basis for determining the window of time
document when the doctors and nurses saw youwithin which your baby’s injury occurred.
and what they did to evaluate your baby immediatelyPediatric neurologists are typically consulted to review
before and during the delivery. These records willthese studies.
show your status as well as the baby’sCONCLUSION
during the course of your labor. Whether your laborProving malpractice as a cause of a birth defect or
was progressing normally or abnormally, whether theinjury is a difficult matter. The process of evaluating
baby was descending at an acceptable rate, whetherwhether or not negligence occurred can be a long
there were signs that the baby was having difficultyone. A thorough analysis of the records by an
getting through the birth canal, whether the powerexperienced birth injury lawyer working with medical
or frequency of the contractions were appropriateexperts is necessary to determine whether or not
and whether medications such as Pitocin were beingthe claim can be proved. While an evaluation may not
properly given, are issues to be reviewed in thesefind that there was negligence, an evaluation by the
records.c. Electronic Fetal Heart Tracingsprofessionals can at least give you some answers, as
Typically, you and your baby will have beento why,the injury occurred.
monitored through an electronic fetal heart monitor