Signs of Medical Negligence During Labor and Delivery

Childbirth should be one of the most closely monitored medical events in a person’s life. When a baby is injured or a mother suffers serious harm, it can be difficult to know whether it was an unavoidable complication or the result of a provider’s failure to meet the standard of care.

If you are asking whether medical negligence during childbirth played a role in what happened to you or your child, you are not alone. At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our NYC birth injury lawyers have helped injured clients for decades and have recovered over $2 billion for those harmed due to another’s negligence. We can evaluate your situation and explain next steps if you have grounds for legal action.

What Are the Warning Signs of Medical Negligence in Childbirth?

Not every difficult delivery is the result of negligence. But certain patterns may indicate that a provider fell below the accepted standard of care, such as:

Failure to Perform a C-Section in a Timely Fashion

Under accepted obstetric standards, providers are expected to recognize when vaginal delivery poses an unacceptable risk and act accordingly. When labor is prolonged or complications arise, a cesarean section (C-section) may be medically necessary. Delays in ordering or performing a C-section, especially when fetal distress is present, can lead to serious oxygen deprivation and permanent neurological injury.

Delayed or Missed Diagnoses

Conditions such as placental abruption, preeclampsia, umbilical cord prolapse, and uterine rupture require immediate recognition and response. A failure to diagnose these complications in a timely manner, or to communicate findings to the treating physician, may constitute birth injury malpractice.

Improper Mother or Fetal Monitoring

Continuous electronic fetal monitoring is standard during active labor. Providers are trained to identify abnormal patterns in fetal heart rate tracings that indicate distress. Inadequate monitoring or failure to act on abnormal readings is one form of maternity negligence cited in birth injury litigation.

Medication Errors

Medications administered during labor require careful monitoring. Excessive dosing or improper administration can cause uterine hyperstimulation, which restricts oxygen to the baby. Errors in dosing, timing, or drug selection may support a claim for birth negligence compensation.

Improper Use of Delivery Tools

Forceps and vacuum extractors are sometimes used to assist delivery. When applied incorrectly or used in inappropriate circumstances, these instruments can cause skull fractures, nerve damage, or intracranial hemorrhage in the newborn.

Shoulder dystocia, when the baby’s shoulder becomes lodged during delivery, also requires a specific, protocol-driven response. Deviation from the accepted technique can cause lasting injury.

Failure to Monitor for Signs of Fetal Distress

Fetal distress encompasses a range of conditions that signal inadequate oxygen supply to the baby, such as:

• Changes in fetal heart rate
• Abnormal biophysical profiles
• Decreased fetal movement

Failure to recognize and respond to fetal distress is a leading cause of preventable birth injuries. If your provider dismissed warning signs or delayed intervention, our attorneys can evaluate whether you have one of the fetal distress cases that may warrant legal action.

Failure to Protect the Mother

Medical negligence during childbirth does not affect only the newborn. A mother’s health and safety are equally protected under the standard of care.

Mothers may suffer preventable injuries from negligence such as:

• Undiagnosed postpartum hemorrhage
• Failure to treat infection
• Improper surgical technique during a C-section
• Inadequate monitoring for complications like eclampsia

“A difficult delivery isn’t the same as a negligent one. But when warning signs were present, and providers didn’t act, that’s a different situation entirely. Those are the cases we built this practice to handle.” – Attorney Edward Ruffo