Anyone who has given birth or attended a birth (granted, not the same thing) knows how many opportunities there are for accidents or botched procedures. In fact, many of the arguments against natural childbirth (WebMD) procedures -- which shun interventions such as C-sections unless absolutely necessary -- are rooted in medical malpractice concerns.
Supporters of drug-free and otherwise natural childbirth methods say scheduled C-sections and routine use of anesthesia cheat mothers out of an important bonding opportunity and usually are not necessary.
But let's face it, birth is a difficult process and a smooth transition from the womb to the outside world is never guaranteed, even in the most capable hands. So without a copy of the complaint or detailed evidence, it's hard to know whether the nurse-midwife and assisting nurses being sued for allegedly failing to act quick enough to prevent brain damage in a Chicago newborn actually were negligent.
The baby boy was delivered via waterbirth (Waterbirth International), an increasingly popular method where the mother delivers the baby in a tub of warm water.
The baby's arm was trapped toward the final stage of the birth, which delayed the delivery and allegedly deprived the little baby's brain of oxygen, according to a blog post by Chicago personal injury lawyer Robert Kreisman. Newborns deprived of oxygen at this critical birthing stage often develop cerebral palsy.
Obviously this was an unforeseen event, but the plaintiff claims that the attending medical professionals failed to drain the tub quick enough to prevent her child's brain damage. In response, the defendants say they did everything within their power but that the injury in fact was the result of an earlier placenta infection. The case settled, so details of the suit are not available.
- Medical malpractice primer (FindLaw)
- Birth injuries and the law, specifically cerebral palsy (FindLaw)
- Midwifery and litigation the US (WebMD)
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