Vacuum Extraction Delivery
Although many tools designed to assist with the birthing process have been used for several decades, some of these tools can lead to serious birth injuries if they are not used appropriately. One of the most common tools used in delivery is a vacuum extraction tool. Although this device can prove useful and even life-saving during delivery, if it is used incorrectly a vacuum extraction delivery can lead to devastating injuries and even death of a baby. At Breakstone, White & Gluck, our Boston birth injury lawyers have handled a wide variety of cases on behalf of families throughout Massachusetts. We understand how devastating this situation is for your family and that you probably have many questions about your legal rights and options.Identifying the Dangers Associated With Vacuum Extraction Deliveries
If a labor lasts too long or becomes too difficult, many doctors choose to use a vacuum extractor to help assist with the delivery. If the woman experiences a contraction, the vacuum extractor is applied to the exposed portion of the baby’s head to help pull it out as the mother pushes. The vacuum can be attached to the top or the back of the head. According to FDA reports, however, a vacuum extractor can cause unnecessary risks to a baby’s health. If a child is younger than 34 weeks, for example, the baby’s head may be too soft to withstand the suction. The child must also be positioned correctly in the birth canal in order for the vacuum to be successful. Injuries can also occur if the vacuum is applied before the mother is fully dilated.
The types of injuries that can result from the use of a vacuum extractor can vary. In general, they involve skull fractures, retinal hemorrhages, shoulder dystocia, cerebral palsy, and hemorrhages in the brain. Some of these conditions can be addressed and treated, while others may lead to lifelong disabilities and injuries for the baby. Some symptoms that may indicate that a baby has sustained injuries after the use of a vacuum include seizures and lethargy. Most injuries will affect the brain, so any other neurological or cognitive issues could suggest that a brain injury is happening.Asserting Your Right to Compensation Following a Negligent Vacuum Extraction Delivery
If your baby was injured during the birth process as a result of a doctor’s use of a vacuum device, an attorney may be able to recover compensation for your damages in a medical malpractice action. It is critical to investigate your claim thoroughly before proceeding to ensure that you will be able to prove the necessary elements. In general, Massachusetts law requires medical professionals to provide each patient with the same level of attentiveness, care, and competence that other professionals would use in the same region when treating a patient with similar conditions and issues. In the context of a complicated delivery, this means using the vacuum when it is appropriate and using it in a manner that does not cause undue stress or injury to the baby.
After showing that the defendant did not use the vacuum according to this standard, your attorney must prove that this failure was the direct cause of the baby’s injuries. It is often necessary to consult with an expert medical professional who can help your attorney draw a causal link between the lack of adequate care and the injuries that your baby suffered. The last phase of the lawsuit involves providing evidence showing the amount of damages that you sustained as a result of the defendant’s inadequate care, including any past and future medical expenses for your baby and you. A medical malpractice lawyer can help you ensure that you request the full amount of compensation that you deserve.Schedule a Free Consultation With a Birth Injury Lawyer in Boston
Birth injuries are a traumatic and life-changing experience. As your family and you cope with this unfortunate event, whether it involves fractures, cerebral palsy, brain damage, or another condition, we will protect your legal rights and do everything that we can to ensure that you are treated fairly. We have handled claims on behalf of clients in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield. To schedule your free consultation, call us at 1-800-379-1244 or contact us online.