During the nine months required for a woman to gestate and bear a child, her doctor is directly responsible for the health of both her and her unborn baby. Failure to provide adequate care can result in a type of child brain injury either from a lack of diagnosing a problem or from an injury received during childbirth.

If a doctor does not diagnose an illness in a pregnant woman such as German measles, also called Rubella, her baby is affected and may suffer some form of brain injury such as cerebral palsy. In an instance where a mother does contract an infection that could harm her child, her physician needs to act quickly in order to stop the infection before harm can occur.

Proper dating of the pregnancy is also extremely important in preventing a child brain injury from occurring. If an ultrasound is not done and the dating is off, the baby could be delivered too early. A delivery of a child before 37 weeks is very dangerous and could result in brain damage because the brain may not have had the chance to fully develop. Also if the lungs have not fully matured, the infant will not be able to receive adequate oxygen. Any delay on the part of the medical staff to supply this oxygen can result in the death of brain cells causing a host of potential problems.

Once a labor has begun and the membranes have ruptured, there is a window of 24 hours that the doctor must adhere to in order to deliver the baby safely; waiting longer than 24 hours will leave the womb and the child open to infection. During this delicate time, the baby is especially susceptible to infection which could cause the child a brain injury.

If a physician notices that the labor is taking too long or has stalled, he or she needs to take immediate action in order to help save the mother and unborn baby. In instances where the baby is in the wrong position, such as a breech presentation or where the head is up against the pelvic bone instead of facing down as it is supposed to be, an immediate emergency cesarean section can help save both the mother and the child. Failure to act quickly and decisively could result in a child brain injury such as cerebral palsy.

If the infant is stuck in the birthing canal during delivery, the doctor will most probably use forceps or a vacuum to help extract the baby safely. If the physician uses the tools incorrectly, it can irrevocably harm the baby. If the placement on the vacuum or forceps is not correct it can cause bleeding in the brain, which could cause a variety of different types of child brain injuries.

In the case of a stalled labor due to the shoulder being lodged behind the mother’s pelvic bone, also called shoulder dystocia, the doctor will need to carefully maneuver the baby out of the birth canal. If excessive force is used the nerves in the back of the neck and head could be damaged causing a temporary or possibly permanent paralysis as well as injury to the brain.

Parents of children who have suffered a child brain injury should seek counsel from a knowledgeable lawyer. Lawyers who have experience in child brain injury lawsuits will be able to distinguish if there is a valid medical malpractice claim and will be able to assist parents through the process. A solid case is the best way of assuring a win in a medical malpractice situation, allowing the parents to receive compensation in order to better care for their injured child.