Surgical Errors Lead to Birth Injuries in Tennessee

By Thomas Greer | December 14, 2013

Learning that you were pregnant was one of the most joy-filled moments of your life.  Throughout your pregnancy, you anticipated the day that your baby would be born.  What you did not anticipate was that you or your newborn baby would require surgery.  After the terrible circumstances of your baby’s birth and the ensuing emergency, you discovered that your child had suffered from a birth injury and now you are left devastated and looking for answers, wondering if the surgery caused or contributed to the harm.

Although we are taught to revere surgeons and the life-saving procedures that they perform on a daily basis, the fact is that these doctors are not infallible and do make mistakes.  When these mistakes impact a mother during pregnancy or the delivery process, or on an infant during the neonatal period (the first twenty-eight days after birth), the consequences can be terrible.  Some of the common surgical errors leading to birth injuries include:

  • A failure to disclose alternatives – Oftentimes, the decision to perform surgery on a woman in labor or a newborn baby is made on an emergent basis.  This leads to circumstances where some alternatives, including non-surgical options, are not presented to the parents.  When the surgery leads to a birth injury, or exacerbates a pre-existing condition, the question becomes what would have happened if the alternatives had been discussed.  The failure to disclose may be considered medical malpractice.
  • Surgical error – Performing surgery on a pregnant woman or a newborn is incredibly difficult.  The slightest mistake in where the surgical instruments are placed may result in harm to the child.  As tragic as these mistakes are, it is necessary to hold the surgeon accountable for the harm done to your child.
  • Failure to treat – A surgeon’s responsibility extends beyond the operating room.  In order for a surgery to be successful, the pre-operative and post-operative care must be done properly.  This applies equally to surgery on a pregnant woman, as well as a newborn.  When a surgeon neglects to oversee this care in the proper manner, the resulting birth injury is medical malpractice.
  • Performing the wrong surgery – Any time surgery is performed, there are inherent risks.  These are far greater when the patient is a vulnerable infant or pregnant woman.  When the surgeon operates on the wrong area or to correct the wrong condition, leaving the necessary procedure undone, the consequences to the health of the mother and baby may be catastrophic.

These are only a few of the surgical errors that could lead to the harm to your child.  A birth injury may be caused by an instrument being left in the mother or infant after surgery or even an operation being performed on the wrong patient.  Regardless of how the injury happened, it is critical to force the doctor and hospital to be accountable for the harm because the consequences are going to last a lifetime and the necessary care, treatment, and accommodations are going to require the funds to pay for them.

If your child suffers from the consequences of a birth injury, most of your time and energy probably is spent providing the necessary care.  However, this does not stop the constant questions about what went wrong and could it have been prevented.  The experienced Tennessee birth injury attorneys at Bailey & Greer, PLLC are here to provide those answers and help you get the help that you need to care for your child.  Please give us a chance to sit down and discuss your tragedy and come up with solutions to offer your child the best life possible.  We can provide options during a free and confidential consultation, simply call us at 901-680-9777 to set up a time to talk.

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