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Birth injuries: Negligence during delivery leads to lawsuit

For parents in Delaware, the birth of a child should be an exciting time of celebrating new life. However, birth injuries can turn this celebration into a tragedy. Birth is arguably the most vulnerable time in a person's life and, to prevent injuries, providers must give appropriate and timely care to both infants and mothers. In another state, a couple filed a lawsuit against a physician after their baby allegedly suffered permanent injuries as the result of a negligent delivery.

According to the lawsuit, the mother received prenatal care from the physician and showed risk factors for a condition called shoulder dystocia. The lawsuit said this condition meant a vaginal birth would be difficult due to the infant's shoulders. Shoulder dystocia should have led the physician to offer the mother a cesarean section birth, but the physician negligently proceeded with a vaginal birth, the lawsuit claimed. Allegedly, the doctor had to use excessive pulling on the baby's head and neck.

After delivery, providers noticed the infant was not moving his left elbow or shoulder, so he was taken to the NICU where he was diagnosed with a brachial plexus injury, according to allegations. The plaintiffs say their son has undergone nerve surgery and other treatments but only has limited use of his arm. The lawsuit argues that, had the mother known the risks, she would not have consented to a vaginal birth and her son's injuries could have been avoided.

Extra special care is required during birth. Mistakes or negligence during this time can cause severe and permanent injuries to both mothers and babies. Families in Delaware who have been affected by birth injuries may be able to pursue legal action. A successful lawsuit could result in a substantial financial award.

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