It is estimated that in the United States birth injuries occur at a rate of six to eight babies per 1,000 live births. According to a study released in June 2011 by the international risk management company CRICO Strategies, the top three causes cited in medical malpractice lawsuits against obstetricians were:
- Clinical judgment errors (77 percent)
- Miscommunication (36 percent)
- Technical errors (26 percent)
Other causes included inadequate documentation, administrative failures and ineffective supervision. Researchers analyzed more than 800 medical liability cases filed against obstetricians between 2005 and 2009, for which the most common allegations included:
- Delayed treatment of fetal distress
- Improper execution of vaginal delivery
- Improper management of pregnancy
According to Robert Hanscom, senior vice president of CRICO Strategies, this study suggests that most liability cases against obstetricians involve a series of mistakes by a medical team, rather than a single error by an individual healthcare provider. Dr. Albert L. Strunk, deputy executive vice president of the American Congress of Obstetricians and Gynecologists, was not surprised by the study findings. The American Medical Association quoted him as saying: “There is a substantial body of data that confirms the [results] of this report. The big factors in success are team training and improved communication.”
Further research concerning medical malpractice claims in the obstetrics-gynecology field was featured in an article in OBG Management’s January 2012 issue. The research involved an analysis of data from the Physician Insurers Association of America (PIAA), whose member companies provide insurance to more than 60 percent of America’s private practice physicians. According to the article, the top 10 ob-gyn procedures for which medical malpractice claims were filed against PIAA companies in 2010 included all of the following:
- Manually assisted deliveries
- Cesarean deliveries
- Diagnostic interview, evaluation or consultation
- Vacuum extraction
- Diagnostic ultrasound
- Induction of labor
Medical mistakes made during any of the above procedures can result in serious birth defects or birth injuries. In fact, according to the article, “brain-damaged infant” was the second most prevalent condition for ob-gyn claims closed in 2010 involving PIAA companies. Birth-related brain injuries can result in serious medical conditions and lifelong impairments, including cerebral palsy, hydrocephalus, epilepsy, intellectual and learning disabilities, behavioral problems, and physical handicaps.
When birth trauma results from medical malpractice, as is often the case, the parents may be entitled to compensation for their child’s ongoing treatment and care. If your child suffered a potentially preventable birth injury, contact an experienced cerebral palsy attorney today. A qualified cerebral palsy lawyer can evaluate your case and advise you of your legal rights.
