Practice Areas

Blog

News

Obstetrical Malpractice

Cerebral palsy has historically been linked to a lack of oxygen during birth. 'Hypoxia' is a medical term which means decreased amount of oxygen that can result in permanent brain injury. 'Anoxia' is another medical term which means total lack of oxygen. When an unborn baby is not getting sufficient oxygen, fetal distress may occur. Obstetricians and obstetrical nurses, have in recent times, tended to shy away from using the term "fetal distress" because of the legal implications associated with it.

Instead, they use fancy medical terms such as "non-reassuring fetal heart rate" to explain that there is a change, or variation, in the baby's heart rate.

When evaluating an electronic fetal monitor, which is a device used to measure the strength of mom's contractions and also the baby's heart rate, you may hear the terms "decelerations,"  "accelerations," or "variable decelerations."

These terms all refer to an interpretation of the fetal monitoring device.

Deceleration's typically means that the infant's heart rate is decreasing when reacting to mom's contractions. On the other hand, when the baby's heart rate accelerates as a result of uterine contraction it is typically a reassuring sign that the baby is progressing well.

A grey area is when doctors use the term "variable decelerations" to mean that there are some accelerations and decelerations in response to the mom's contractions. Depending upon the length of time that passes with variable decelerations, it could become an ominous sign and prognostic indicator for further problems if the baby is not delivered quickly.

In a case where the baby becomes stuck under the mother's pubic bone, a condition known medically as "shoulder dystocia,"  the baby may be in the birth canal for an extended period of time without oxygen. This lack of oxygen can cause permanent brain damage to the baby.

When a baby is born, they are given a score by either the pediatrician or obstetrician. This score is known as the "Apgar Score." It measures things like the skin color and tone of the baby at birth. It also measures the baby's heart rate, breathing and muscle tone. Each element has a high score of "2." A perfect Apgar score is 10.

Improper medical care at the time of delivery, whether by vaginal delivery or by cesarean section can have devastating, long-term permanent injuries to the baby. A brain-injured infant may require life-long care; rehabilitation, physical therapy, speech therapy, occupational therapy, hospitalization, home care, nursing care and be relegated to a lifetime in a specially modified wheelchair.

If your child has cerebral palsy, suffers seizures, autism, or importantly, developmental delays, or your child is not meeting her developmental milestones and you suspect that something may have gone wrong during your delivery, then you need to pick up the phone and call me so I can answer your legal questions. I can be reached at 516-487-8207 or by e-mail at lawmed10@yahoo.com. 

---

Blog for Obstetrical Malpractice

• Norwich, CT Obstetrician Sued for Baby's Death
• Developmental Delays-Why Is Your Child Developmentally Delayed?

New York Medical Malpractice Video Blog

• Podiatry Alert: $1.5 Million Medical Malpractice Verdict in Westchester
• Unrecognized Bone Infection Leads to Death-NY Medical Malpractice Lawyer Explains
• NY Medical Malpractice Lawyer solves the Medical Malpractice Problem
• New York Medical Malpractice-That 1st Call To An Attorney’s Office
• Orthopedic Malpractice-Fracture Not Set Correctly-NY Medical Malpractice Trial Lawyer Explains

NY Medical Malpractice and Accidents

• 3 Reasons to Contact a Lawyer Immediately After a Pedestrian Accident
• Lawyer Held Liable for Malpractice for Not Telling Clients of Settlement Offer
• 5 Tips to Help You Avoid a Truck Accident
• The Arbitrary and Unfair Impact of Tort Reform
• Malpractice Lawsuit against New York Podiatrist Results in $3,000,000 Pain and Suffering Verdict for College Student; Trial Judge Orders Reduction to

---

Frequent Questions for Obstetrical Malpractice:

• What are developmental delays?

Quick Contact

Case Results

Legal Resources

Helpful Links