The overall well-being of a mother is essentially linked to the health of the newborn. Proper medical care before, during, and after delivery is then important to protect the mother’s physical and psychological welfare, which can directly impact the baby. If the mother sustains a birth injury or trauma due to the negligence or wrongdoing of a healthcare provider, she and her child may be put at risk. In Colorado, mothers who have been victims of birth trauma caused by medical malpractice may have the legal right to pursue a claim for damages to help them recover from their suffering.

What is birth trauma to mothers?

The National Institutes of Health reported that up to 45% of new mothers have experienced birth trauma. Birth trauma can be dangerous and extremely devastating. It can harm both newborns and mothers, causing life-changing injuries or, worse, death.

Birth trauma is any physical or emotional distress a mother may suffer during or after childbirth. Such traumatic events can be deeply overwhelming and may lead to severe pain and complications that can impact both the mother and the newborn. Maternal birth injuries or traumas may manifest as physical, psychological, or a combination of both types of suffering.

• Physical Injuries

• • Vaginal tears: Also known as perineal lacerations or perineal tears, these are injuries to the tissue around the vagina and anus. These can range in severity from degrees one to four. First-degree tears are only skin deep, while second-degree tears extend through the vaginal muscles and require stitches. The third and fourth-degree tears are considered severe as they affect the anal sphincter and anus muscles. Vaginal tears are caused by improper delivery techniques or the misuse of forceps or vacuum extractors.

• • Uterine rupture: It is a serious complication that involves a uterus tearing or rupturing during delivery. Uterine rupture often happens because of mishandling Vaginal Birth After Cesarean (VBAC) attempts or excessive use of labor-inducing drugs.

• • Postpartum hemorrhage: It is defined as excessive blood loss after delivery. Postpartum hemorrhage complications can result from delayed diagnosis or insufficient treatment of excessive bleeding.

• • Cesarean section injuries: There are several risks associated with a cesarean section. Potential health issues due to surgical errors during c-section include infections, bladder or bowel injuries, or excessive bleeding and scarring.

• • Pelvic floor damage: The pelvic floor muscles experience significant stress during childbirth. Pelvic floor damage can happen due to prolonged unsupervised labor or improper use of vacuums or forceps.

• • Postpartum preeclampsia: It is a serious condition that involves persistently high blood pressure and high levels of proteins in the urine. Preeclampsia complications can lead to organ damage or strokes when medical professionals fail to diagnose or properly manage the condition.

• • Anesthesia-related injuries: Mistakes in the use of anesthesia during delivery may lead to nerve damage or spinal headaches.

• Psychological trauma

• • Postpartum depression, or PPD: It is a severe mood disorder that affects a woman within the first year after childbirth. Its signs include persistent sadness, low self-esteem, emptiness, sleep disturbances, and anxiety. PDD may take place due to difficult labor or traumatic birth experiences, such as injuries to the newborn caused by negligence.

• • Post-traumatic stress disorder, or PTSD: It is a mental disorder caused by experiencing stressful, frightening, or distressing events. PTSD may be due to a bad birthing experience, pregnancy loss, or neonatal death. Symptoms of PTSD are flashbacks to the traumatic experience, nightmares, and repetitive and distressing images or sensations related to the event.

Examples of Medical Malpractice Causing Maternal Birth Trauma

Malpractice occurs when medical professionals or healthcare providers fail to provide the accepted standard of care and cause harm to the mother during childbirth. The following are the common forms of medical malpractice that can happen to a mother during labor and the delivery process:

1. Failure to monitor vital signs: Failure to check the blood pressure, heart rate, or other vital signs of the mother during labor. 

2. Delayed C-section: Failure to perform a prompt cesarean section when medically necessary.

3. Improper use of birthing tools: Wrong use of forceps or vacuum extractors during delivery can cause injury to the mother.

4. Medication errors: Incorrect administration of medications or dosages, including errors with epidurals or other pain management.

5. Anesthesia errors: Inaccuracy in administering and monitoring anesthesia.

6. Failure to diagnose or treat preeclampsia: Failure to detect and provide aid to potential dangerous conditions like preeclampsia.

7. Poor management of postpartum hemorrhage: Slow or ineffective response to excessive bleeding after delivery.

8. Failure to notice signs of infection: Failure to promptly determine and provide appropriate treatment for infections.

9. Failure to spot and manage fetal distress: Failure to identify and attend to the signs of fetal distress, such as abnormal heart rate patterns, that can affect the mother and the baby.

10. Improper suture: Substandard repair of episiotomies or tears.

11. Failure to diagnose placental issues: Failure to recognize placental abruption or placenta previa. Placental abruption happens when the placenta separates early from the uterus before delivery while placenta previa occurs when the placenta blocks the bottom part of the uterus. Both can be dangerous if not detected immediately.

12. Inattention to patient concerns: Failure to record and address the symptoms or concerns of the mother.

Damages in Birth Trauma Medical Malpractice Claims

In Colorado, mothers who have been victims of birth trauma resulting from medical malpractice may pursue a claim for damages. The following damages are awarded to help them get their lives back on track:

• Medical costs
• Lost income 
• Loss of earning capacity
• Rehabilitation fees
• Home modifications for disability
• Childcare expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium 

Birth injuries or trauma to a mother caused by medical malpractice are due to negligent care. A birth trauma lawyer can help explain the situation and provide legal guidance on the best course to take. Our skilled and passionate attorneys at the Anzalone Law Offices will fight for your rights and get the justice you deserve. So if you, or your loved one, have been a victim of medical malpractice, contact our birth trauma lawyers to assist you. We will help you obtain the maximum compensation for your losses. Do not hesitate to give us a call for a free case evaluation.