California Medical Malpractice Law Blog

A new birth injury study has revealed that cesarean sections (c-sections) may put small, premature infants at a 30 percent higher risk for breathing problems than those born vaginally. The study to be presented at a meeting of the Society for Maternal-Fetal medicine found that “respiratory distress syndrome,” a condition that affects newborns and can lead to lifelong breathing difficulties and brain damage occurred more frequently in those babies born prematurely by c-sections.

Many physician groups are seeking to curb the rising frequency with which c-sections are performed. Between 2002 and 2009, the percentage of c-section deliveries rose from 27% to 34% of all births.

In many instances, a c-section may be necessary, such as when the infant is in fetal distress and may suffer from a lack of oxygen. The failure of health professionals to act quickly to restore oxygen flow and perform an immediate c-section may constitute medical malpractice in these instances. Alternatively, performing unnecessary c-sections has shown to raise the possibility of birth trauma. The recent birth trauma study looked specifically at pre-term c-sections and noted that while the incidence of brain bleeds, seizure and sepsis remained the same, increases were shown in the areas of respiratory distress.

As stated by a representative from the March of Dimes, "This particular study shows that for infants that are premature and small-for-gestational-age, which tend to be thought of as rather fragile infants, the cesarean delivery doesn't offer any protection from the adverse outcomes."

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A recent premature birth study released in the Journal of the American Medical Association (JAMA) reveals that giving steroids to women at risk for delivering preterm increases an infant’s overall chance of survival and reduces a baby’s risk of birth complications, including brain injuries. Babies born earlier than 37 weeks into gestation are considered premature and often face considerable health risks.

In some cases, a birth injury is related to a preterm delivery and may be caused by the negligence of a health care provider. In some instances, known factors may exist that predict a premature baby and may be resolved by taking specific actions. Failing to take those actions or misdiagnosing certain symptoms can lead to an unnecessary premature birth. Further, in situations where a premature birth cannot be avoided, taking certain actions following the delivery of an infant can lead to a better long-term result. In both of these situations if medical personnel fails to follow the accepted standard of care, an infant may suffer unnecessary harm and the health care professional may be found liable for medical malpractice. If you believe your infant suffered a birth injury as the result of a physician mistake, it is important to consult with an experienced California medical malpractice lawyer to evaluate your premature delivery injury claim.

The recent study provides good news for those whose risk is assessed early on for pre-term delivery. Although guidelines currently exist for women at risk for delivering from 24-34 weeks, little information has been available for those who show signs of labor before week 24. The current study now provides that “When given as early as 23 weeks, prenatal or antenatal steroids reduce an infant’s risk of death and important developmental issues.” As stated by an author of the study “Thee is a huge potential to increase the use of prenatal steroids…Mothers need to know that there is a lot that physicians can do to improve the outcome for these babies.”

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At a Society for Neuroscience meeting this past week, researchers reported new evidence concerning premature infant brain injuries and why they are so common, along with strategies to prevent and in some cases, repair the brain damage. Researchers hope that this information will be used to reduce the number of premature infant injuries that lead to the development of epilepsy, cerebral palsy and behavioral disorders such as ADHD.

Because of advances in neonatal medicine, the number of premature babies surviving has increased over the last decade. Although in many instances a premature delivery cannot be prevented, other times known factors exists that a doctor can identify to predict a premature baby. A failure to diagnose these factors or misdiagnose them can lead to an unnecessary premature birth. In either situation, proper medical procedures need to be followed to ensure the baby does not suffer harm as the result of an early delivery. The failure of a doctor, nurse or other health care professional to take appropriate action may constitute medical malpractice. If you believe your child was born prematurely and suffered harm, it is important to consult with an experienced California birth injury lawyer to evaluate the circumstances and provide you advice concerning your next steps.

Unfortunately, one of the consequences of a premature birth is infant brain damage. While deaths of prematurely born infants has decreased, the incidence of brain damage remains high. In fact, as stated by the chief of neonatology at the University of San Francisco, David Rowitch, the “overall rates of cerebral palsy and other neurodevelopmental disabilities are on the rise.” Rowitch explains “The most common cause of brain injury in premature infants is a lack of oxygen in the days and weeks after birth … the lack of oxygen damages white matter, which provides the ‘communication highways’ that carry messages around the brain to distant parts of the body.”

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A recent study published in the American Journal of Medicine has concluded that premature babies have a higher risk of death in young adulthood than full-term babies. According to the premature baby study performed by Dr. Casey Crump from Stanford University, babies who were delivered at 37 weeks of less had a 53% increased rate of death before age 5. After the children reached the age of 18 this risk was calculated to be 31%. Researchers had expected an increased risk of death for premature infants, but were surprised with findings that showed the relative risk of death continued into adulthood.

In addition to the long-term risks, premature deliveries may result in serious infections, pneumonia, jaundice, meningitis and respiratory distress. It may also cause birth injuries such as cerebral palsy. Many known factors exist that a doctor can look for to predict a premature baby. Failing to diagnose and resolve these factors through preventative actions or misdiagnosing the symptoms can lead to an unnecessary premature birth. When a premature delivery occurs as the result of the negligent actions of a health care provider, the health care provider’s actions may constitute medical malpractice.

Further, even where a premature delivery cannot be prevented, specific attention and medical care must be taken to ensure an infant does not suffer a birth injury due to the preterm delivery. If the proper standards are not followed, providers may also be liable for medical negligence.

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