What to Know About Delayed Delivery Medical Malpractice

If you are concerned about a medical malpractice birth injury resulting from delayed delivery, you may be wondering whether you should consult with a birth injury lawyer. Read on to learn what qualifies as delayed delivery medical malpractice and what to expect from the process of filing a lawsuit.

What Is Delayed Delivery Medical Malpractice?

We trust medical professionals to make the decisions that are best for us and, in the case of expectant parents, our soon-to-be-born babies. 

Not every delivery is the same, and we expect healthcare workers to be well trained in any number of scenarios that can occur. A delayed delivery—also called a failure to progress—can occur for a number of reasons. Sometimes, it may seem to happen for no reason at all. 

The symptoms of delayed delivery might include:

  • Less than three contractions—especially short contractions—in 10 minutes
  • Slow cervical dilation—for example, less than one centimeter per hour for at least two hours 
  • Lack of baby’s birth canal progression after three hours of pushing despite the cervix being fully dilated

Because the risks of delayed delivery are numerous and can result in serious, lifelong injuries, it is important that medical professionals recognize delayed delivery when it occurs and act to prevent complications. When delayed delivery is caused or mishandled by medical professionals, medical malpractice birth injuries can occur.

Severe complications that can result from delayed delivery are cerebral palsy and umbilical cord prolapse. These conditions, among others, can result in the need for a lifetime of care.

Not all delayed delivery circumstances are the result of medical malpractice. However, if you believe that you or your loved one has experienced negligent care, consulting with birth injury lawyers can help you navigate your medical records, recognize errors in care, and help you seek the compensation you need.

What Do You Need to Prove in a Delayed Delivery Malpractice Case?

In order to prove a delayed delivery medical malpractice case, you must first consider if your situation meets a few basic criteria for malpractice overall.

  • Duty of care. The medical professionals you are considering suing were responsible for caring for the injured party.
  • Violation of standard of care. The healthcare provider violated standards the general medical profession would consider customary and reasonable.
  • Injuries caused by the violation. The negligence or error resulted in injury.
  • Damages. The injury has resulted in negative financial, emotional, or similar consequences. 

There are some recognizable errors that healthcare professionals make that can be used to prove a delayed delivery medical malpractice claim. If you or your baby suffered due to any of the following, contacting an experienced birth injury lawyer is your next best step. 

Factors experienced by victims of delayed delivery medical malpractice may include:

  • Failure to diagnose a pregnancy-related medical condition such as gestational diabetes or preeclampsia 
  • Failure to enlist OBGYN specialists for a high-risk pregnancy
  • Improper fetal monitoring to determine whether a child is suffering from delayed delivery-related fetal distress
  • Miscalculation of a baby’s size, leading to delivery complications
  • Improper use of medications to induce labor
  • Failure to recognize when a child is in a breech position
  • Delayed decision to perform a cesarean section
  • Improper usage of a vacuum extractor or forceps
  • Failure to administer oxygen to distressed newborn

How Are Delayed Delivery Medical Malpractice Cases Resolved?

The first step in resolving any medical malpractice case is to reach out to an experienced and trustworthy birth injury law firm. These kinds of cases are complex and can create additional stress for you and your loved ones on the road to recovery from birth injury or even wrongful death. 

Because the statute of limitations (the period of time that a person has to pursue a claim after an injury) can be short, if you believe you have a case for delayed delivery medical malpractice, it’s important to reach out to an experienced law firm for a consultation as quickly as possible.

If you have a case for legal liability, your birth injury lawyers will work on your behalf to seek either a settlement or a judgment in your favor. The settlement amounts vary, taking into account a few factors:

  • Doctor and hospital bills—past, current, and future
  • Lost income—past, current, and future
  • Pain and suffering
  • Disfigurement and scarring
  • Quality of life concerns

Why Should You Choose Janet, Janet, & Suggs?

Janet, Janet & Suggs has over 40 years of experience with medical malpractice cases. We can provide expert witnesses and attorneys to support clients through the complex process of a medical malpractice case.  

JJS has a nationally recognized track record of successful verdicts that demonstrate our commitment to working for justice and fair compensation. In a Minnesota case, for example, a record-breaking verdict of $15.5 million was awarded after delayed delivery medical malpractice resulted in brain damage and cerebral palsy.Our aim is to achieve justice and compensation for victims of delayed delivery medical malpractice, and there are no fees unless your case is won. Contact us for a free consultation to discuss your case and understand your rights.


Reviewed by:
Trish Fletcher, MS, BSN, CRNP, NNP-BC, ALNC
Neonatal Nurse Practitioner | Birth Injury Legal Nurse Consultant

Tricia is a dedicated, focused, Birth Injury Legal Nurse Consultant and Neonatal Nurse Practitioner with more than 25 years of experience. Her strong clinical and critical thinking skills, paired with expertise caring for neonates in a Level III Neonatal Intensive Care Unit (NICU), ensures meticulous medical records review. READ FULL BIO

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