Injuries To Mother During Birth
While a baby can certainly be injured during childbirth because of medical malpractice, Sanocki Newman & Turret, LLP, has handled a number of cases where the mother has been terribly injured through negligence as well. If the doctor does not properly take the size of the fetus into consideration or extracts the baby too quickly and with force, a vaginal laceration (tear) may occur to the mother. These tears are categorized into 1st-, 2nd-, 3rd- and 4th-degree lacerations with the higher numbers being more severe. A 4th-degree laceration extends from the vagina to the anal sphincter and into the membrane that lines the rectum. Once a serious tear occurs, it must be repaired, usually under anesthesia.
The repair of a 3rd- or 4th-degree laceration must be done properly and carefully. Even with a proper repair, a 4th-degree laceration may result in fecal incontinence or painful intercourse. If the repair is negligently performed, further problems can result. A poor repair can result in a fistula (small hole) forming. The fistula allows feces in the rectum to enter into the vagina (recto-vaginal fistula). On some occasions, a vesico-vaginal fistula (a hole between the vagina and bladder) may form, allowing urine to enter into the vagina.
Once a fistula forms, it can be difficult, if not impossible, to repair. Attempts to surgically repair it may fail because the tissue has already been compromised and the procedure does not work. Multiple surgeries may be required and at times, radical surgery is employed to repair the fistula.
The radical surgical repair can cause future difficulties with incontinence requiring the use of adult diapers, painful intercourse, and interference with daily activities.
Beyond this, the mother can be injured in other ways through medical malpractice. There can be injury to the uterus or blood vessels. In situations involving an ectopic pregnancy (where the fetus begins to grow in a fallopian tube instead of the uterus) surgery is necessary. A misdiagnosis of that condition can lead to a ruptured fallopian tube, emergency surgery, hemorrhage, infection, infertility and even death. Careless surgery for an ectopic pregnancy has resulted in bowel perforation, injury to arteries or injury to the uterus.
Cases of Note
$50 million verdict – An obstetrician and his hospital were found to be negligent during the vaginal delivery of her child, a negligent repair of a 4th-degree laceration and in permitting a vaginal delivery of her second child the following year despite the fact that she had a recto-vaginal fistula. The plaintiff, a woman in her early 30’s, was pregnant with her first child. Despite the fact the child was large, the obstetrician did not perform a cesarean section and continued to push the child out during a vaginal delivery. The baby was delivered, but the mother suffered a 4th degree laceration (from the vagina through the rectal mucosa) as a result.
The obstetrician sewed up the laceration but repaired it in a negligently, so that a small fistula (hole) formed between the vagina and rectum allowing feces to enter into the vagina. Despite the mother’s complaints to the obstetrician about the foul smell from her vagina, he advised her that everything was normal. The following year, the mother became pregnant again. This time she decided to go to a midwife instead of the obstetrician.
During this second pregnancy, the midwife examined the mother, determined she indeed had a fistula, and told her to go back to her previous obstetrician. Once again, the obstetrician advised the mother that there was nothing wrong. Three months later, the mother went into labor. At the hospital, her previous obstetrician was on call that day. He examined the plaintiff and again said there was nothing wrong and to proceed with a vaginal delivery. This was again negligent because under those circumstances, with a recto-vaginal fistula, a cesarean section is mandatory. A vaginal delivery was performed that caused the fistula to become larger. Thereafter, over a number of years, the mother underwent 13 surgeries in an attempt to repair the fistula. A radical procedure called a “pull down” procedure was performed on the 13th surgery. This surgery cut out the rectal/vaginal tissue with the hole in it and then the colon is pulled down and attached to the anus.
The surgery allowed new tissue to replace the hole, but it left the mother with little control over bowel movements. She must wear adult diapers for the rest of her life as a result of “accidents” with bowel movements and inability to control feces. She has pain during intercourse and always must be near a bathroom to clean herself in case of problems.
$1.5 million verdict – Obstetrician is found to be negligent in the care and treatment rendered to plaintiff, a 30-year-old woman, in the performance and/or delay of a caesarean section at during labor and delivery at the hospital, in unnecessarily deviating from the previously planned cesarean section and subjecting the patient to a long induction in the hopes of a vaginal delivery, in the post-operative management of postpartum hemorrhaging, in failing to implement common modern techniques to conservatively and effectively manage the resulting postpartum hemorrhaging, instead of opting for the drastic measure of a total abdominal hysterectomy, and in failing to obtain an informed consent which caused the plaintiff to suffer excessive postpartum hemorrhaging requiring her to undergo a drastic and otherwise unnecessary hysterectomy with consequential scarring and infertility.
If you believe you have been the victim of medical malpractice you may be entitled to monetary compensation for physical and emotional pain and suffering and economic losses.
For help finding out whether you are entitled to monetary compensation call Sanocki Newman & Turret, LLP, at 212-962-1190.