Failure to Perform Emergency Procedures During Labor and Delivery

Obstetricians, nurses, and other healthcare providers are trained to recognize and respond to complications that may arise during childbirth. Sadly, though, not all medical professionals attending to mothers in labor act appropriately or promptly in critical situations. The failure to perform emergency procedures during labor and delivery can result in devastating consequences for both the mother and child and is often cause for pursuing medical malpractice claims. If you or a loved one suffered harm due to the failure of a healthcare provider to perform necessary emergency procedures during labor and delivery, you may be owed damages, and you should speak to an attorney. The experienced Baltimore medical malpractice attorney of Arfaa Law Group is dedicated to holding negligent medical professionals accountable, and if we represent you, we will fight to help you pursue any compensation you may be owed.

Labor and delivery complications can arise quickly, and medical providers are expected to act with urgency when they occur. Emergency procedures such as a cesarean section, episiotomy, or the use of forceps or vacuum extraction may be necessary to prevent harm to the mother and child. When complications like fetal distress, prolonged labor, or excessive bleeding occur, it is the responsibility of the medical team to perform appropriate emergency procedures to ensure a safe delivery. Failure to do so can result in severe injuries, including brain damage, cerebral palsy, or even death.

The failure to perform emergency procedures during labor and delivery can lead to a wide range of injuries for both the mother and the baby. For the baby, lack of timely intervention can cause conditions like brain damage resulting from oxygen deprivation or cerebral palsy, which can affect the child’s motor skills and quality of life.

Mothers can also suffer serious complications when emergency procedures are not performed. Hemorrhaging, uterine rupture, and severe perineal tears are all possible outcomes of delayed or inadequate emergency care during childbirth.

Healthcare providers are expected to provide competent care during labor and delivery. If a doctor or nurse fails to meet this expectation by not performing emergency procedures during labor and delivery, they may be held liable for medical malpractice.

To succeed in a medical malpractice claim for failure to perform emergency procedures during labor and delivery, the plaintiff typically must establish that the healthcare provider's actions—or lack thereof—constitute negligence. In Maryland, this involves proving four elements: duty, breach of duty, causation, and damages. First, the plaintiff must show that the defendant owed the plaintiff a duty during labor and delivery. The duty owed is to abide by the standard of care, which means they must act in a way that a reasonably competent professional in the same field would under similar circumstances.

Second, the plaintiff has to demonstrate that the defendant breached this duty by failing to perform the required emergency procedures. This breach may be due to a failure to monitor the fetal heart rate, a delay in ordering a C-section, or improper use of instruments during delivery. Third, the breach of duty must be directly linked to the injury or harm suffered by the mother or child. Finally, the plaintiff must prove that the failure to perform emergency procedures during labor and delivery resulted in actual damages, such as physical injuries, emotional distress, or financial losses.

Under Maryland law, a plaintiff that establishes a defendant is liable for medical malpractice may recover both economic and non-economic damages. Economic damages include measurable costs such as medical expenses, rehabilitation, lost wages, and the cost of future care. Non-economic damages compensate for intangible losses like pain and suffering, emotional distress, and loss of quality of life.

If you or a loved one suffered harm due to a healthcare provider’s failure to perform emergency procedures during labor and delivery, you have the right to seek compensation, and you should talk to an attorney. The skilled Baltimore medical malpractice lawyers of Arfaa Law Group have a history of holding negligent medical professionals accountable, and if we represent you, we will advocate aggressively on your behalf. Our office is located in Baltimore, and we regularly represent victims of medical malpractice in lawsuits throughout the city. You can contact us to arrange a consultation by calling us at 410-889-1850 or using our online form.