Vacuum extraction is a common obstetric procedure used when a baby needs assistance moving through the birth canal. While often successful, it carries risks that can result in serious birth injuries. If your child suffered harm due to a vacuum used during birth, you may have legal options to pursue justice through vacuum extraction lawsuits.
In Maryland and across the country, medical malpractice laws hold healthcare providers accountable for negligent practices. If a medical professional’s improper use of vacuum extraction led to your child’s injuries, you may be entitled to compensation. Brockstedt Mandalas Federico LLC (BMF) has extensive experience representing families in medical malpractice cases, helping them navigate the complexities of the legal system.
What Is Vacuum Extraction?
Vacuum extraction is an assisted delivery method where a doctor places a soft or rigid cup on the baby’s head and uses suction to help guide the infant through the birth canal. This method may be used when labor is prolonged, the baby is in distress, or the mother is too exhausted to continue pushing effectively.
While vacuum extraction can be a lifesaving intervention, improper application of this technique can cause severe birth injuries.Vacuum extraction relies on suction, which can increase the risk of complications if performed incorrectly.
How Vacuum Extractions Can Cause Birth Injuries
Vacuum extractions are performed to facilitate delivery in certain situations. Unfortunately, sometimes use of a vacuum can create more harm than it prevents. When excessive force is applied or the suction is misused, a baby may suffer serious injuries. Here are some of the most common injuries associated with vacuum extraction.
Hematoma from Vacuum Delivery
Babies delivered using vacuum extraction may develop a cephalohematoma, a collection of blood between the skull and scalp. While some hematomas resolve on their own, others may lead to complications such as jaundice, infection, or anemia.
Skull Fractures and Brain Damage
Excessive suction or repeated attempts at vacuum extraction can result in skull fractures or brain injuries. This can lead to developmental delays or permanent disabilities in infants.
Brachial Plexus Injuries
The force used during vacuum extraction can damage the network of nerves in the baby’s shoulder, causing weakness or paralysis in the affected arm.
Intracranial Hemorrhage
Bleeding in the brain can occur due to excessive force. This can cause long-term neurological conditions in infants, including cerebral palsy or seizures.
Facial and Scalp Injuries
Babies may suffer from scalp lacerations, bruising, or facial nerve damage due to vacuum extraction. These injuries can range from mild to severe, frequently requiring medical intervention.
Oxygen Deprivation
In some cases, vacuum extraction may contribute to delayed delivery and increase the risk of oxygen deprivation, which can lead to conditions like hypoxic-ischemic encephalopathy (HIE).
When Is a Doctor Liable for a Vacuum Birth Injury?
Doctors are expected to follow medical guidelines when performing vacuum extractions. If a doctor deviates from the standard of professional care appropriate when conducting this procedure, they may be liable for medical malpractice. For example, a vacuum extraction lawsuit may be appropriate if:
- The baby was not in the correct position when the vacuum was applied;
- The vacuum was applied too many times, causing injury;
- The baby showed signs of distress, but the vacuum was still used;
- The medical team failed to respond appropriately to complications;
- The mother was not properly informed of the risks associated with vacuum extraction;
- The vacuum was used when it was not medically necessary; or
- The doctor failed to follow established safety protocols for vacuum-assisted delivery.
An experienced attorney can help you determine whether your child’s vacuum birth injury qualifies as medical malpractice. If it does, your family could have a legal claim for compensation from the attending healthcare provider, facility, or another party.
Filing Vacuum Extraction Lawsuits in Maryland
If your child has suffered an injury due to vacuum extraction, you may be eligible to file a medical malpractice claim. These lawsuits seek to hold negligent medical practitioners accountable and help families secure the support they need to address the short- and long-term damage of the injury.
Here is an overview of the steps involved in a vacuum extraction lawsuit:
- Contact a medical malpractice attorney. The guidance of an experienced legal professional is invaluable in a medical malpractice case. A skilled malpractice attorney will review the details of your situation, assess your options, and guide you through the legal process.
- Obtain medical records. Your attorney will help you gather all relevant medical documentation, including prenatal care documents, delivery room reports, and postnatal evaluations. Detailed records of labor and delivery are essential in proving negligence.
- Consult a medical expert. Testimony from a qualified medical professional is crucial for proving malpractice claims. Your attorney can help identify an expert witness who can review the case and determine if the doctor deviated from the accepted standard of care.
- File a claim. Your attorney will file a lawsuit on your behalf, initiating legal proceedings against the responsible parties.
- Negotiate or litigate. Many cases settle out of court, but if necessary, your attorney will take the case to trial to fight for your compensation.
- Calculate long-term costs. Birth injuries often require long-term medical care. An experienced attorney will assess the full scope of damages, including ongoing medical treatment, therapy, and special accommodations.
Successfully pursuing vacuum extraction lawsuits can help secure financial resources for medical care, therapy, and other necessary expenses. It also holds negligent medical professionals accountable, potentially preventing similar mistakes from happening to other families. Working with an experienced medical malpractice attorney can make a significant difference in the outcome of your case.
Maryland Laws on Medical Malpractice and Birth Injury Claims
For medical malpractice claims, the statute of limitations is generally the shorter of five years from the date of the injury or three years from the date the injury was discovered. The statute of limitations for a minor is paused until their eighteenth birthday so minors have until their twenty-first birthday to file a medical malpractice claim for their damages.
Additionally, Maryland law caps the amount of non-economic damages you can recover after an incident of medical malpractice. This limits the amount of compensation families can recover for pain and suffering. However, there is no cap on economic damages, meaning medical expenses and future care costs can be fully recovered.
Why Choose Brockstedt Mandalas Federico LLC?
At BMF, we understand the emotional toll and financial strain that birth injuries place on families. Our experienced medical malpractice attorneys have a track record of securing significant verdicts and multiple million-dollar settlements for families affected by medical negligence. We provide compassionate yet aggressive legal representation to ensure justice is served.
We work closely with medical experts, economists, and life care planners to build strong cases that accurately reflect the long-term impact of a vacuum birth injury. Our goal is to help families secure the compensation they need to provide the best possible care for their child.
If your child has suffered a vacuum birth injury due to a medical provider’s negligence, don’t wait. Contact Brockstedt Mandalas Federico LLC today for a free consultation to discuss your case. Our team is ready to help you seek the justice and compensation your family deserves.
Resources:Maryland Courts and Judicial Proceedings Code § 3-2A-09, link.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
Loading...