Breech Babies and Cerebral Palsy

Childbirth is a complex process that requires careful monitoring and intervention to ensure the safety of both the mother and the baby. One complication that can arise during delivery is the presence of a breech baby. This article will explore what breech babies are, with a focus on frank breech babies, how these situations can lead to cerebral palsy, and how this could constitute medical malpractice.

What is a Breech Baby?

A breech baby is a term used to describe a baby that is positioned feet-first or buttocks-first in the womb at the time of delivery, rather than the typical head-first position. There are three main types of breech presentations:

• Frank Breech: The baby’s buttocks are aimed at the birth canal with the legs sticking straight up in front of the body and the feet near the head.
• Complete Breech: Both the baby’s knees are bent, and the feet and buttocks are aimed at the birth canal.
• Footling Breech: One or both of the baby’s feet are positioned to come out first during delivery.

Breech presentations occur in about 3-4% of full-term births. Identifying a breech baby is crucial as it can significantly affect the delivery process.

What is a Frank Breech Baby?

A frank breech baby is the most common type of breech presentation. In this position, the baby’s buttocks are aimed at the birth canal while the legs are extended upwards, with the feet near the baby’s head. This folded-in-half position can make vaginal delivery challenging and risky.

Causes of Breech Presentation

Several factors can contribute to a baby being in a breech position, including:

• Premature Birth: Babies born prematurely have a higher likelihood of being in a breech position.
• Multiple Pregnancies: Women carrying more than one baby (e.g., twins or triplets) are at an increased risk of breech presentations.
• Excessive Amniotic Fluid: Too much amniotic fluid allows the baby to move around more freely, increasing the chances of settling in a breech position.
• Uterine Abnormalities: Abnormalities in the shape or structure of the uterus can prevent the baby from turning into the head-down position.
• Placenta Previa: A condition where the placenta partially or completely covers the cervix, blocking the baby’s descent into the birth canal.

Risks Associated with Breech Babies

Delivering a breech baby, particularly via vaginal delivery, carries several risks, including:

• Umbilical Cord Prolapse: The umbilical cord can slip into the birth canal ahead of the baby, potentially cutting off oxygen supply.
• Birth Trauma: Breech births can lead to physical injuries, including fractures and nerve damage, due to the awkward position.
• Asphyxia: Difficulty in delivering the baby’s head last can lead to asphyxia, where the baby is deprived of oxygen.

Given these risks, many healthcare providers recommend a cesarean section (C-section) for breech deliveries to minimize complications.

How Breech Births Can Lead to Cerebral Palsy

Cerebral palsy is a group of disorders that affect a person’s ability to move and maintain balance and posture. It is often caused by brain damage that occurs before, during, or shortly after birth. Breech deliveries, especially if not managed properly, can increase the risk of cerebral palsy due to several factors:

• Oxygen Deprivation: During a difficult breech delivery, the baby may experience prolonged periods of oxygen deprivation, leading to brain damage.
• Physical Trauma: The stress and trauma associated with breech delivery can injure the baby’s developing brain, contributing to cerebral palsy.
• Delayed Delivery: Complications arising from a breech presentation can delay the delivery process, increasing the risk of brain damage.

Medical Management of Breech Babies

Proper management of breech babies is crucial to minimize risks. The following steps are typically taken:

• External Cephalic Version (ECV): This is a procedure where the doctor attempts to turn the baby into a head-down position by applying pressure on the mother’s abdomen. ECV is usually performed around 37 weeks of pregnancy.
• Planned C-Section: If ECV is unsuccessful or not advisable, a planned C-section is often recommended to safely deliver a breech baby.
• Monitoring During Labor: For those attempting a vaginal breech delivery, continuous fetal monitoring is essential to detect any signs of distress promptly.

Medical Malpractice in Breech Deliveries

Medical malpractice occurs when a healthcare provider’s negligence leads to injury or harm to a patient. In the context of breech deliveries, malpractice can occur in several ways:

• Failure to Diagnose Breech Presentation: If a healthcare provider fails to identify that the baby is in a breech position before or during labor, they may not take the necessary precautions to ensure a safe delivery.
• Inadequate Management of Breech Birth: Improper handling of a breech delivery, such as not opting for a C-section when necessary, can result in preventable injuries to the baby.
• Failure to Monitor Fetal Distress: During a breech delivery, continuous monitoring of the baby’s heart rate is crucial. Failure to recognize signs of distress and act promptly can lead to severe outcomes like cerebral palsy.

Legal Recourse for Cerebral Palsy Due to Breech Birth Malpractice

If a child develops cerebral palsy due to medical negligence during a breech delivery, parents may have grounds to file a medical malpractice lawsuit. The lawsuit can seek compensation for:

• Medical Expenses: Covering the costs of past, present, and future medical care, including surgeries, therapies, and assistive devices.
• Pain and Suffering: Compensation for the emotional and physical pain endured by the child and family.
• Lost Wages: Compensation for the parents’ lost wages if they need to provide ongoing care for the child.
• Special Education Costs: Funds to support the child’s education and special needs services.

Legal Recourse for Cerebral Palsy Due to Breech Birth Malpractice

Steps to Take if You Suspect Medical Malpractice

• Document Everything: Keep detailed records of all medical appointments, treatments, and communications with healthcare providers.
• Seek a Second Opinion: If you suspect malpractice, consult another medical professional to review your case.
• Consult an Attorney: An experienced medical malpractice attorney can evaluate your case, gather evidence, and guide you through the legal process.

The Importance of a Medical Malpractice Attorney

Medical malpractice cases are inherently complex, often involving detailed medical evidence and expert testimony. Navigating these complexities requires the expertise of a seasoned attorney who specializes in medical malpractice. Here’s why having a medical malpractice attorney is crucial:

Expert Legal Representation: A skilled attorney will thoroughly investigate the case, review medical records, and consult with medical experts to build a strong case. They will identify where the standard of care was not met and how this negligence directly resulted in harm.

Navigating the Legal System: Medical malpractice cases involve intricate legal procedures and strict deadlines. An experienced attorney will ensure that all legal documents are correctly prepared and filed on time, avoiding any procedural missteps that could jeopardize the case.

Negotiating Settlements: Attorneys are skilled negotiators who can engage with hospitals, insurance companies, and opposing counsel to secure a fair settlement that adequately compensates for medical expenses, pain and suffering, and other damages.

Court Representation: If a fair settlement cannot be reached, a medical malpractice attorney will represent the victim in court, presenting a compelling case to the jury to seek justice and compensation.

Contact Joseph M. Lichtenstein for Help

If you or a loved one has been a victim of medical malpractice related to a breech delivery that led to cerebral palsy, it is crucial to seek experienced legal representation. Joseph M. Lichtenstein, a multiple-time Attorney of the Year for medical malpractice, specializes in representing victims of medical negligence. His extensive experience and dedication to client advocacy make him a formidable ally in pursuing justice and compensation for your family.

Breech babies, particularly those in a frank breech position, pose significant challenges during delivery. When not managed properly, these deliveries can lead to serious conditions like cerebral palsy. Medical malpractice can exacerbate these risks, making it crucial for affected families to seek legal recourse. If you believe that medical negligence during a breech delivery led to your child’s cerebral palsy, it is important to consult with a qualified attorney to explore your options for compensation and justice. Contact Joseph M. Lichtenstein today to ensure your rights are protected and to seek the justice your family deserves.