Erin Marshall Law | Erin Marshall Law: Advocating For Families Affected By Birth Injury To Mother

Erin Marshall Law: Advocating For Families Affected By Birth Injury To Mother

Mothers naturally place their trust in physicians during the life-changing events of childbirth and labor. This trust, while essential, carries immense weight for medical professionals and can lead to dire outcomes. Errors in the delivery process can cause serious injuries not only to the infant but also to the mother. According to the Centers for Disease Control and Prevention (CDC), four in five pregnancy-related deaths in the United States are preventable. These maternal deaths are often due to excessive bleeding, infections, and heart conditions (such as embolism, hypertension, and cardiomyopathy). In these vulnerable moments, the repercussions of medical errors can resonate far beyond the delivery room, profoundly impacting lives for years to come. If you suffered a birth injury or if your family was affected by a birth injury to the mother, reach out to Erin Marshall Law by calling us at (505) 218-9949.

​​Common Causes of Birth Injuries to Mothers

Injuries sustained by mothers during childbirth can have enduring effects on their physical and mental health, relationships, and overall life quality. These injuries may result in long-lasting issues such as fecal and urinary incontinence, sexual dysfunction, chronic pain, and a greater risk of injuries in future pregnancies and deliveries. Various factors can contribute to birth injuries in mothers, including:

Medical Mismanagement During Labor and Delivery

A significant factor contributing to maternal injuries during childbirth is poor management by healthcare workers. Errors that occur during labor and delivery can result in serious consequences for the mother, including:

  • Neglecting to Identify and Address Fetal Distress: When healthcare providers fail to promptly recognize or appropriately respond to signs of fetal distress—such as irregular heart rate patterns or reduced fetal movement—it may lead to serious consequences for both the mother and the baby. In these circumstances, timely interventions are essential, including adjusting the mother’s position or commencing emergency delivery. 
  • Misuse of Labor-Inducing Medications: Administering incorrect dosages or types of medications to stimulate or enhance labor can result in severe complications, such as uterine rupture, excessive bleeding, or intensified uterine contractions. This mismanagement poses risks to the mother’s health and may jeopardize the fetus’s safety. 
  • Misuse of Delivery Instruments: Incorrect application of delivery tools such as forceps or vacuum extractors can injure the mother during childbirth. If misused, these instruments may cause severe tears, bruises, or harm to pelvic floor muscles, which can result in enduring pain or dysfunction. 
  • Delay in Performing a Cesarean Section (C-Section): Delaying a C-section can worsen maternal distress, increase the likelihood of complications like hemorrhage or infection, and ultimately endanger the health outcomes for both mother and child.

Prenatal Care Negligence

Prenatal care includes regular check-ups and continuous monitoring throughout pregnancy, aimed at detecting and mitigating potential risks to both the mother and the growing baby. Inadequate prenatal care may result in severe complications, such as birth injuries. Instances of negligence in prenatal care can involve:

  • Failing to identify and address existing medical conditions that increase the risk of complications during delivery
  • Failing to recognize and address maternal infections, such as urinary tract infections
  • Insufficient oversight of fetal growth and development

Defective Medical Devices and Drugs

Administering defective drugs and medical devices during critical times like pregnancy, labor, or delivery can significantly elevate the risk of complications for mothers. For instance, prescribing medications without having a detailed understanding of their potential risks and side effects can lead to serious adverse responses, such as allergic reactions or dangerous interactions with other drugs. Additionally, using malfunctioning medical devices, such as unreliable fetal monitors or poorly designed surgical instruments, during delivery can also result in severe injuries to mothers, including painful vaginal tears or hemorrhage. 

Exploring Legal Options Following a Birth Injury

Childbirth is often viewed as a joyful event filled with expectation and hope for a healthy future. Yet, even the best-planned deliveries can unexpectedly shift, turning what should be a celebratory moment into a traumatic ordeal. A birth injury can significantly impact both the mother and the newborn, leading to complications that range from minor issues to severe, life-altering conditions.  In fact, according to Yale Medicine, maternal mortality has been rising in the United States. 

Nevertheless, medical professionals have the critical responsibility of safeguarding the health of both mother and child. They must anticipate possible complications and act swiftly to reduce risks during delivery. If healthcare providers neglect this duty or make significant mistakes, they may be legally accountable for the consequences. If you have experienced a birth injury due to medical negligence or if your loved ones were affected by a birth injury to the mother, there may be grounds for a birth injury lawsuit. To learn more about these legal options, contact Erin Marshall Law to schedule a consultation with an experienced New Mexico birth injury attorney.

The Statute of Limitations To Pursue Legal Action

Parents generally have three years from the time a medical professional makes a mistake to file a birth injury lawsuit for related damages. If the injury is not apparent and is discovered later, the three-year countdown begins from the date of discovery or when it could reasonably have been identified. In cases where a birth injury results in the tragic death of the mother or child, parents have up to three years from the date of death to file a wrongful death lawsuit. However, exceptions to this legal timeframe can influence these deadlines. Consequently, understanding this period is crucial for parents seeking justice and compensation.

Contact Erin Marshall Law To Learn More

If you or your child has suffered an injury during childbirth, it is normal to feel overwhelmed and unsure about what to do next. Birth injuries can lead to significant physical, emotional, and financial challenges that can impact the rest of your life. As a result, many parents going through his ordeal often partner with a knowledgeable New Mexico birth injury lawyer who can help clarify their legal options and assist them in pursuing compensation for their damages. For further information about birth injury lawsuits or what legal options you have if your family was affected by a birth injury to the mother, contact Erin Marshall Law today by calling us at (505) 218-9949.