Every mother hopes that she will have an easy labor and delivery process. Unfortunately labor] complications and delivery trauma can occur. Sometimes women do not progress as quickly as hoped or deliver on time. It is possible that doctors will need to administer Pitocin, which is a synthetic hormone, to induce or speed up labor. There are some benefits to inducing labor with Pitocin, but sometimes it is not used appropriately or labor is not monitored adequately after the induction. A baby can suffer catastrophic injuries as a result. At DeFrancisco & Falgiatano, our compassionate Syracuse birth injury attorneys can look at the facts of the situation and determine whether you have a viable basis to sue as a result of an induction error.
Induction ErrorsSometimes mothers don’t deliver on time or need to deliver earlier than usual. Pitocin is a synthetic version of oxytocin. Oxytocin is the hormone labor releases in a mother’s body to trigger uterine contractions. The drug is used when labor induction or increased intensity of contractions are needed. Although Pitocin is used frequently, it does carry risks and it’s suggested it be used only when medically necessary. It is possible the drug can harm a fetus and laboring mother, even when used correctly, and so its use has become controversial. There is a correlation between using Pitocin and birthing a baby who has a low APGAR score at birth. The APGAR score is a test of a baby’s health after it’s born. When an induction error occurs, however, the mother and child are at risk for significant injury or even death.
When Pitocin is not administered properly or in too high a dose, a mother can suffer a rupture of the uterus, pelvic hematoma, cardiac arrhythmia, subarachnoid hemorrhage, or death. An overdose of Pitocin can also impact a baby even though it’s not injuring the mother. Overdoses of Pitocin can result in the fetal heart beat slowing, hepatic necrosis, and fetal hypoxia. A baby harmed this way may suffer heart problems, cerebral palsy from oxygen lack, brain damage from oxygen deprivation, liver damage, and even death.
LiabilityDoctors are supposed to use the skill and learning of a reasonable doctor and employ his or her best judgment to try to get a good result for their patients. In order to establish OB-GYN malpractice, you’ll need to prove: (1) a professional standard of care was owed to you and the baby (2) a violation of the professional standard of care, (3) causation, and (4) damages.
Honest errors in judgment that are based in intelligent reasoning and adequate examination will generally not result in a medical malpractice judgment against an OB-GYN in an induction error or other situation. Rather, you’ll need to show the doctor or other staff departed from the accepted standards of medical care in connection with the induction, such that injuries were legally caused by those errors. In most cases, it’s necessary to retain an expert to establish what the professional standard of care was and that the health care provider in question deviated from it. A seasoned medical malpractice lawyer can help you identify an expert who is qualified to testify in your case.
Vicarious Liability of the HospitalGenerally, you can only hold a hospital vicariously liable for a doctor or staff member’s professional negligence where the doctor or staff member are employees whose acts were committed within the employment scope and to further the employer’s business. Most of the time doctors at hospitals are not employees, which means the hospital cannot be held vicariously liable. There can be an exception where an induction error is made in the ER.
Consult an Experienced Birth Injury Attorney in SyracuseChildren and mothers can be injured when there are errors made using Pitocin for induction. If you’ve been injured or your child suffered injuries or wrongful death due to induction errors in Syracuse, you and your family have the right to seek compensation for losses. It is advisable to consult skilled trial lawyer to determine whether you have a viable birth injury claim. DeFrancisco & Falgiatano represents patients harmed by medical malpractice in Syracuse, Rochester, and across Upstate New York, including in areas such as Ithaca, Canandaigua, Binghamton, Auburn, Lyons, Elmira, Cooperstown, Wampsville, Utica, Oneida, Oswego, Watertown, Herkimer, and Lowville. Call our firm at 833-200-2000 or contact us via our online form.