How Can Malpractice Lead To Birth Injuries In Breech Or Transverse Deliveries?

When a baby is positioned abnormally in the womb, such as in a breech or transverse position, the labor and delivery process often becomes more complex and risky. These types of fetal presentations are well-known challenges in obstetrics, and with careful monitoring and timely decision-making, many associated adverse events can be avoided. However, when a medical provider fails to meet the standard of care, the outcome can be devastating birth injuries that impact the baby and family for a lifetime.

What Are Breech And Transverse Presentations?

In a breech presentation, the baby is positioned to be delivered feet- or buttocks-first rather than headfirst. This occurs in about 3 to 4 percent of full-term pregnancies. There are three types of breech positions:

• Complete breech is when the buttocks are down and the legs are crossed
• Frank breech is when the buttocks are down and the legs are up
• A footling breech is when one or both feet are positioned to deliver first

In a transverse presentation, the baby is positioned sideways across the womb, with neither the head nor feet pointing towards the birth canal. This presentation may make vaginal delivery impossible and often requires a cesarean section (C-section).

These presentations are not inherently the result of malpractice. However, when a provider fails to recognize, plan for, or respond appropriately to them, malpractice can occur, and serious injuries can follow.

What Birth Injuries Are Associated With Breech And Transverse Deliveries?

If breech or transverse births are not handled properly, serious injuries can occur, including:

• Fractures of the clavicle, arms, or legs
• Brachial plexus (nerve) injuries from excessive pulling or twisting during delivery
• Traumatic brain injuries, including hemorrhaging due to difficult extractions
• Oxygen deprivation, which can result in hypoxic-ischemic encephalopathy (HIE) or cerebral palsy
• Umbilical cord prolapse, which can cause dangerous drops in oxygen supply

Some of these birth injuries can require long-term medical care and can result in lifelong disabilities. Many are preventable with proper medical care.

When Does A Breech Or Transverse Delivery Become Medical Malpractice?

Not every complication during childbirth is due to malpractice. However, a medical professional may be liable if there is a failure to meet the accepted standard of care, which means there was a failure to act the way a reasonably competent provider would under similar circumstances. Here are some examples of how that can happen in breech or transverse cases:

Failure to Properly Diagnose Fetal Position

One of the most critical responsibilities of an obstetrician is to monitor the baby’s position in the weeks and days leading up to delivery. Monitoring is usually done through physical examination and confirmed by ultrasound. Failure to accurately diagnose a breech or transverse lie can lead to inappropriate attempts at vaginal delivery, increasing the risk of injury.

Improper Attempt at Vaginal Delivery

In some cases, a breech birth can be delivered vaginally, but it requires careful consideration and experience. Not all breech presentations are candidates for vaginal delivery, especially footling breeches or in cases involving large babies, small maternal pelvis, or signs of fetal distress. Attempting a vaginal delivery in these high-risk situations without proper planning or skill can constitute negligence.

Attempting a vaginal delivery for a transverse lie is universally considered dangerous. It’s almost always an indication for a C- section. If a physician proceeds with a vaginal delivery in this case, the risks to the baby and liability for the provider are significant.

Failure to Perform a Timely C-Section

Once a provider identifies a breech or transverse position, they should weigh the risks and benefits of attempting external cephalic version (manually turning the baby) or scheduling a C-section. If a baby is in distress during labor or the delivery is already in progress, emergency C-section may be the safest course of action.

Delays in ordering or performing a C-section can result in catastrophic outcomes, such as oxygen deprivation, brain injury, or death. If such a delay stems from poor decision-making, miscommunication, or hospital protocol failures, it may be considered a form of malpractice.

Negligent Use of Delivery Tools

Forceps or vacuum extractors are sometimes used during difficult breech births. However, these tools require extreme care and expertise, especially when the baby is not in the ideal position. If they are not used properly, skull fractures, nerve damage, or brain bleeds can happen. When that occurs, those injuries may be grounds for a medical malpractice claim.

Inadequate Monitoring of Mother and Baby

Fetal heart rate and uterine pressure monitoring are essential tools used during labor. In breech and transverse deliveries, it’s even more critical to detect signs of fetal distress. If nurses or doctors fail to monitor properly or ignore signs of trouble, it can lead to delayed intervention and preventable injury.

Why Choose Ross Feller Casey For Your Birth Injury Case?

Ross Feller Casey is one of the nation’s leading birth injury law firms, with a proven record of securing multimillion-dollar recoveries for families harmed by medical negligence. Our experienced team of trial attorneys collaborates with our in-house medical doctors to uncover the truth and advocate for justice.

If your child suffered injuries during a breech or transverse delivery, and you suspect medical malpractice played a role, contact Ross Feller Casey today. We can help guide you through the legal process, hold the responsible parties accountable, and seek the financial support your family deserves.

Our consultations are free, and you pay nothing unless there is a financial recovery in your case. Let us help you find the answers and the justice you’re looking for.