Erin Marshall Law | Understanding Maternal Injury: Causes and Legal Implications

Understanding Maternal Injury: Causes and Legal Implications

Bringing a child into the world can be one of the most thrilling and fulfilling experiences of a person’s life. Entering into a new season of life, learning to nurture and love a new little one, and expanding one’s family can all be key cornerstones and memories in a woman’s life. However, delivering a child is also one of the most difficult and painful experiences in a woman’s life as well.

Birth complications, medical procedures, and maternal injury may heighten the difficulties and stresses of this experience. As giving birth is a complex and sometimes risky medical process, there is always a chance for injury if things do not go as planned. Mistakes made by medical personnel or other complexities can lead to lasting pain and future birth complications. 

For more information on the legal implications of maternal injuries, consider speaking with an experienced birth injury lawyer from Erin Marshall Law. Schedule a consultation by reaching out to the office at (505) 218-9949.

Consequences of Maternal Injury

New Mexico has put many laws in place to ensure the health and safety of both children and pregnant mothers. Proper medical procedures are designed to adhere to these laws and protect these individuals through the rigorous birthing process. However, when these procedures are not properly followed, or when there are additional complications in the birth, maternal injury may occur.

Maternal injury can cause lasting pain for the mother and may lead to birth complications in future pregnancies. Injuries may require costly surgeries to repair or may have lasting side effects. The immediate pain and suffering of the mother may be severe, but maternal injuries also pose a threat to future pregnancies and may cause even greater harm in the future if left unaddressed. In addition, the mother’s life and safety are not the only factors in this process. Maternal injury may often occur in tandem with injury of the child, which can lead to other severe health complications. 

Common Maternal Injuries

While every pregnancy is unique, several common themes recur when it comes to maternal injury. Some injuries are simply the result of extreme conditions of the birth process, but others may be the result of a fault or poor decision of a medical professional. Considering the specific circumstances involved, these injuries may be considered medical malpractice and qualify the mother and child for compensation. 

For more information on the various maternal injuries and eligibility for compensation, consider speaking with an experienced New Mexico maternity injury lawyer from Erin Marshall Law. 

Uterine Rupture

Occasionally, the drugs used to induce labor in pregnant women can cause complications with the pregnancy, like uterine rupture. This form of maternal injury occurs when the drugs cause violent contractions, rupturing the uterus. This can be incredibly dangerous for both the expectant mother and the child. 

Vaginal Tears

Vaginal tears occur when the expectant mother has difficulty controlling pushes or the baby’s head is too large. Additionally, tears can occur when the baby is in a breech position during the birthing process. This stretching motion can cause painful tears in the skin or muscles around the vagina. Tears generally occur in the space between the vagina and anus and may be subject to infection if not cared for properly.

Anal Fissures

The intense pressures and muscular stress during birth can cause anal fissures, which are tears in the anal lining. These may heal independently, but if they do not, surgery may be required to repair the damage. Chronic pain may also occur. 

Caesarean Sections 

A cesarean section is a medical process designed to extract a child, which may avoid immediate complications with the pregnancy but can cause more problems with future pregnancies. Scar tissue and surgical adhesions from past cesarean sections can make future pregnancies much more complicated, as well as the additional risks of bleeding and infection.

Preeclampsia

Preeclampsia, which is hypertension caused by pregnancy, can be among the most dangerous of maternal injuries. The high blood pressure induced can even be fatal to both expectant mother and child. Understanding the signs and symptoms of preeclampsia can help prevent maternal injuries. 

Psychological Effects

In addition to these physical maternal injuries, there are also many psychological effects of pregnancy and birth injuries. For many years these effects and pains were dismissed, but in recent years several studies have proved the legitimacy of these womens’ pain. 

Some women suffer from post-traumatic stress disorder (PTSD) after giving birth, due to the painful nature of the process. In addition to that, postpartum depression may also induce a state of depression or deep sadness after the birth of a child. These, coupled with other maternal injuries may complicate further the process of determining and addressing maternal injuries. 

Risk Factors for Maternal Injuries

The National Library of Medicine conducted a study determining the risk factors of maternal injuries, determining that 5% of all women reported injuries during pregnancy. The risk factors for injury during pregnancy are very similar to the risk factors for pregnancy complications, implying that complicated pregnancies are more likely to lead to maternal injury. 

In addition, women and expecting mothers who reported unexpected pregnancies or did not have a partner appeared to be at a higher risk of injury than those who planned for the pregnancy and had their partner present. The study suggests that providing injury prevention strategies and education to women with unexpected pregnancies may help mitigate that risk factor. 

Legal Implications of Maternal Injury

Depending on the specific circumstances of the birthing process and the injuries sustained, the injuries may not be of natural origin. If these injuries are the result of the mistake or improper decision-making of a medical professional, the mother may be eligible for legal compensation for her injuries. Maternal injuries are a serious topic, and medical malpractice may stand as the grounds for legal action. 

Contact a Compassionate New Mexico Birth Injury Lawyer from Erin Marshall Law

Most new mothers recovering from the difficult process of childbirth want to rest, recover, and get to know their new little one. Maternal injuries, however, can interrupt those plans with pain, financial struggle, and heartache. These can disturb a new mother’s peace of mind and lead to further complications down the road, which makes addressing them effectively tantamount to moving forward with peace and confidence. A New Mexico birth injury lawyer from Erin Marshall Law can help determine what compensation may be available for a maternal injury. Consider scheduling a consultation by calling our legal team today at (505) 218-9949.