One potential risk of childbirth is prolonged labor, which occurs when the mother remains in labor beyond the standard period of time. This condition can carry a higher risk for birth injuries, and it’s vital that doctors monitor cases of prolonged labor and respond appropriately to minimize or avoid risk of injury.
Prolonged Labor Overview
It can be difficult to say when a woman is in prolonged labor. For the first baby, labor may last between 12 and 18 hours. Some experts define prolonged labor at over 20 hours, while others say it can be between 18 and 24 hours.
Prolonged labor can be caused by a variety of factors:
- baby size;
- abnormal positioning;
- birth canal size;
- weak contractions;
- placental abruption;
- low blood pressure; and
- trauma.
When a doctor notices signs of prolonged labor, he or she may:
- perform a cesarean section;
- administer certain medications to speed contractions; or
- use forceps or a vacuum to deliver the baby (if the child is already in the birth canal).
Usually, during prolonged labor, the baby has difficulty receiving oxygen from the mother. A lack of oxygen is a contributor to many serious birth injuries and defects including cerebral palsy. Serious physical and mental injuries and developmental issues can result from a lack of oxygen during delivery.
Find a Personal Injury Lawyer, Near Me
(855) 529-0269Proving Injuries are Related to Improperly Addressing Prolonged Labor
If a parent feels that injuries related to prolonged labor was the result of negligence, he or she can file a medical malpractice lawsuit. To win a malpractice lawsuit, the plaintiff needs to show the defendant violated the relevant standard of care.
“Standard of care” means the level of care that another qualified medical professional would have provided in similar circumstances. Since the risks from prolonged labor are so serious, it’s often the case that a doctor should take action whenever he or she detects the warning signs.
If the doctor does not properly monitor the mother and child or fails to respond appropriately in cases of prolonged labor, and the child suffers injuries, then he or she may be liable for damages.
Before filing the lawsuit, plaintiffs need to deliver to the defendant(s) a certified expert opinion concerning negligence in the case. This opinion needs to be a part of the malpractice lawsuit as well unless negligence is obvious to a layman.
Other types of evidence used in medical malpractice claims are:
- hospital records;
- witness testimony;
- doctors’ notes; and
- other medical records.
Get Legal Help Filing Your Case
To bring a claim, Florida has a statute of limitations of two years from the date the plaintiff discovers the malpractice. Plaintiffs must also bring a claim within two years of the actual date of the negligence.
However, if the case is brought on behalf of a child, it must be brought by the child’s eighth birthday. If the claim is not filed within these time limits, the plaintiff likely will be barred from recovering damages.
Chalik & Chalik is a family-based law firm that can handle the complexities of medical malpractice claims related to birth injuries. Call us at 855-971-1701 or contact us online for a free consultation or case evaluation.
Call or text Chalik & Chalik
(855) 529-0269
Parents Corner As parent’s ourselves we understand what a responsibility parents carry to keep their children safe. Children and their safety is always top priority. As a service to our clients and other parents, we have created this section to offer advice to help. Over the last thirty years, we have learned tips to avoid some of...
Florida resident files birth defect lawsuit against Pfizer A resident of Florida has filed a birth defect lawsuit against Pfizer, the manufacturer of Zoloft, an antidepressant. The plaintiff alleges that the drug caused her daughter to have a birth defect. The plaintiff further claims that Pfizer neglected to sufficiently test Zoloft as well as failed to warn consumers and physicians of the potential...
Florida Birth Injury Lawyer Explains Who To Contact and When Florida birth injury lawyer Debi Chalik recently sat down with Jesse Wojdylo to discuss the basics of a birth injury, the signs a parent should look for in their newborn, and who to go to for advice and help in filing a birth injury lawsuit against the doctor or hospital. Call or text Chalik &...
Florida Supreme Court declines University of Miami birth injury liability case The Florida Supreme Court in December 2015 decided not to hear a dispute over whether the University of Miami could be held liable for the actions of two physicians it employed through its medical school. The case concerned a baby who sustained a brain injury during delivery in 1998 at Jackson North Maternity Center in...
Should I Hire A Birth Injury Attorney? Parents of injured children often struggle with questions such as – Should I hire an attorney to pursue compensation in a birth injury claim? The answer depends on the extent and cause of the injury. An attorney can provide legal representation if a parent believes a doctor or hospital’s mistake caused a birth injury, such...
What Is A Wrongful Birth & Can You Receive Compensation From The Doctor Who Performed It? Wrongful birth is a type of pediatric malpractice. It occurs when a parent is not given information about potential birth defects or medical complications that could influence the parent’s decision to avoid conception or terminate a pregnancy. Depending on the circumstances, you may be eligible to recover compensation from the doctor who performed a wrongful...
What are Some Common Birth Injuries Associated with C-Sections? Some common birth injuries associated with C-sections include: Facial or body cuts Fractures Spinal cord injuries In addition to these common C-section birth injuries, other risks are present if the anesthesiologist did not administer the drug properly during a C-section delivery procedure. These potential injuries include low blood pressure, blood clots, and internal bleeding. There...
What Are The Most Common Types Of Birth Injuries? First it is important to note that not all birth injuries are caused by medical malpractice, so not every injury is grounds for a lawsuit. However, there are several types of birth injuries that are often caused by mistakes on the part of doctors or other medical personnel. When that is the case, the families...