People say that giving birth is the most beautiful and poignant experience of a person’s life—and while that might be true for some people, it also can be a stark reminder of just how fragile life can be. Although women’s bodies are made to produce babies, there are a variety of problems that can occur during childbirth.
Childbirth is far, far safer today than even a generation ago for both mothers and babies.
However, there are some instances where a birth injury happens to the baby during labor and delivery. When that happens, the parent is likely to question whether the injury is the result of the doctor or care provider’s negligence (aka medical malpractice) or it would have happened regardless of the quality of care.
How the injury happened is an important question because if it’s the result of negligence, you might be able to file a birth injury medical malpractice lawsuit and recover costs for any subsequent treatment or needs your child might have during their lifetime.
We’ve talked in the past about HIE and CHD injuries, cerebral palsy and other types of birth injuries. Today, we’re going to talk about the causes and potential negligence associated with Meconium Aspiration Syndrome.
What is Meconium Aspiration Syndrome (MAS)?
Meconium Aspiration Syndrome (MAS) is a serious condition that occurs when a newborn inhales a mixture of meconium (the first feces of an infant) and amniotic fluid into the lungs around the time of birth. This can happen before, during, or immediately after birth. Meconium aspiration can lead to severe breathing difficulties and other complications due to the irritation of the airways, chemical irritation, and infection.
Newborns typically pass meconium in the first few days after birth. However, stress before or during birth can cause the fetus to expel meconium into the amniotic fluid.
Causes of Meconium Aspiration Syndrome
- Maternal hypertension: High blood pressure in the mother can reduce blood flow to the fetus, causing stress.
- Diabetes in mothers: Babies of mothers with diabetes may be more prone to distress and thus more likely to pass meconium prenatally.
- Prolonged labor or difficult delivery: These conditions can increase fetal stress and the risk of MAS.
- Post-term pregnancy: Pregnancies that extend beyond 40 weeks are at a higher risk, as the fetus is more likely to pass meconium.
Symptoms of Meconium Aspiration Syndrome
Symptoms of MAS usually appear at birth or within a few hours after and can vary from mild to severe, including:
- Breathing problems: Rapid breathing, grunting, or a barrel-shaped chest due to air trapping.
- Cyanosis: A bluish skin coloration, indicating a lack of oxygen.
- Limpness at birth: Poor muscle tone and reflexes indicating severe distress.
When could Meconium Aspiration Syndrome be medical malpractice?
Certainly, there are instances when MAS could happen without negligence or malpractice. However, if there’s a question, experts must determine whether the healthcare providers involved followed the standard of care required under the circumstances. Medical malpractice occurs when healthcare professionals fail to provide the appropriate standard of care, resulting in harm to the patient. In the context of MAS, several factors would be considered to determine potential medical malpractice.
- Prenatal care: Proper monitoring of the fetus during pregnancy is crucial. Negligence in diagnosing or managing maternal conditions such as diabetes or hypertension, which can increase the risk of MAS, might be considered malpractice.
- Monitoring during labor: Failing to adequately monitor fetal distress or recognize the signs of distress during labor can be a critical factor. If there were clear signs of fetal distress that were ignored or improperly managed, this could be grounds for malpractice.
- Response to meconium-stained amniotic fluid: If meconium is noticed in the amniotic fluid, immediate and appropriate responses are required, including preparations for potential resuscitation and immediate neonatal care. Inadequate preparation or response once meconium-stained amniotic fluid is observed could potentially be seen as negligent.
- Delivery and post-delivery procedures: The standard of care requires that healthcare providers take specific steps when there is evidence of meconium aspiration, such as proper suctioning techniques before the baby's first breath, providing appropriate respiratory support, and administering treatment promptly. Failure to perform these actions could be malpractice.
- Documentation and communication: Inadequate documentation of the mother’s and baby's medical status and poor communication among the healthcare team can also lead to medical errors that might be considered malpractice.
How would a plaintiff prove medical malpractice for Meconium Aspiration Syndrome?
A medical malpractice claim arises when a patient is harmed by a medical provider who fails to perform their duties according to the appropriate standard of care. For a victim to recover compensation, the plaintiff must establish certain legal elements. These must be proven by a preponderance of the evidence, meaning that the evidence weighs more in favor of the plaintiff than the defendant, or simply, "more likely than not."
That means it must meet the elements of negligence.
First, the defendant must have a duty of care to the plaintiff. If a mother is laboring in a hospital or birthing center, or has received prenatal care, or has any provider assisting with the birth, the provider has a duty to both the mother and the baby. That could include doctors, nurses, any hospital staff, or the hospital itself.
Second, the law requires that negligence involves a breach of that duty. If a provider did not follow the appropriate standard of care for the situation, they have breached their duty.
Third, the breach must be the direct cause of the infant’s injury. They would need to rule out any other causes related to the mother’s medical history, pregnancy, or other factors.
Fourth, there must be an actual injury. In other words, if the baby aspirates meconium but the care team acts quickly to resolve the problem and there is no ongoing or further injury to the child, then there would be no cause for a lawsuit.
Finally, the injury must cost money for treatment or ongoing care of the child.
When it comes to MAS, this typically occurs as a result of a factor in the mother’s medical history or there could be other reasons, but it could become medical malpractice if the provider doesn’t observe and treat it quickly enough. The medical provider’s job in providing prenatal and labor and delivery care is to anticipate issues based on the mother’s medical history, adequately monitor the mother’s and baby’s conditions during labor, and handle any issues that arise as soon as possible where necessary. If the provider fails to do any of these things, the condition could be attributed to medical malpractice.