Breech Birth Complications & Legal Liability for Related Malpractice
In a majority of pregnancies, the fetus will turn to a position in which their head faces the birth canal before labor and delivery. A breech pregnancy involves a head-up position, in which the bottom or feet of the baby face the birth canal. Breech birth can lead to serious complications, such as oxygen deprivation or an arduous labor if the baby is trapped in the birth canal. Risk factors for breech birth may include a history of premature births, a pregnancy involving twins or other multiples, or many previous pregnancies.
Through a physical examination and an ultrasound, a doctor can determine whether a baby is in a breech position. Classification as breech does not occur until the late stages of pregnancy. Babies often start in a breech position, only to turn so that their head faces the birth canal. Once a pregnancy reaches 35 or 36 weeks, the increasing size of the baby may prevent them from turning on their own.
Avoiding a Breech Birth
In some but not all cases, a mother and her doctor can turn a baby into a head-first position before birth. A doctor may place their hands on the stomach of the mother and try to manipulate the baby into a more conventional position. A doctor must monitor the baby throughout this procedure, which usually is performed between 36 and 38 weeks of pregnancy. If problems arise, the baby may need to be delivered promptly.
A pregnant woman also might try to invert her body or elevate her hips or pelvis in an effort to induce the baby to turn. Applying essential oil to the stomach may encourage the baby to turn, but this can be risky for a pregnant woman and should not be attempted without consulting a doctor.
Complications of Breech Birth
A breech birth is riskier than a traditional vaginal birth, and evidence suggests that a C-section may be safer for the baby in these circumstances. Thus, a doctor usually will recommend a C-section. The risk of complications for a mother may be about the same with a C-section or vaginal delivery, though, and some mothers may choose to proceed with a vaginal delivery. Some potential problems that may arise from delivering a breech baby include:
- Prolonged labor, which may cause various complications such as oxygen deprivation
- Intracranial hemorrhage, which involves severe bleeding inside the head
- Umbilical cord prolapse, when the umbilical cord enters the birth canal before the baby and is squeezed as a result, causing oxygen deprivation
- Premature rupture of membranes, when the fetal membranes break before labor starts, potentially causing issues such as placental abruption, umbilical cord prolapse, respiratory distress syndrome, or sepsis
- Problems with extracting the head of the fetus
Compensation for Errors in Handling a Breech Birth
A doctor has a duty to identify a breech pregnancy when it occurs and provide their patient with knowledgeable advice on how to address the situation. Moreover, even if a woman chooses to proceed with a vaginal delivery despite the risks, a doctor must meet a certain standard of care in managing the birth. Some complications arising from breech pregnancy may be unavoidable, but sometimes errors by a doctor may contribute to these complications. When this happens, a family can bring a medical malpractice claim to seek compensation for the harm to the mother and the child.
Medical malpractice claims, such as cases arising from birth injuries, are more sophisticated than most types of personal injury lawsuits. They generally require expert testimony and may involve submitting an affidavit of merit with the initial complaint. An affidavit of merit is a document in which a doctor or another medical expert who has reviewed the records in the case provides their opinion that the claim is legitimate. If a plaintiff does not provide an affidavit of merit when required, or does not produce a qualified expert to support their claims, a court may dismiss the case.
