Wayne County Birth Injuries Related to Fetal Position

Fetal position and fetal presentation refer to the baby’s placement in its mother’s body before delivery. Under ideal circumstances, a baby’s face turns toward the mother’s back with its head pointing towards the mother’s feet, allowing the baby’s safest passage through the birth canal. If a baby is in another position, the risk of a birth injury dramatically increases. Thus, it is essential for doctors to accurately determine how a baby is oriented in the birth canal before the mother goes into labor.

At the Wayne County birth injury law firm of Sommers Schwartz, P.C., we proudly represent families in medical malpractice cases against negligent healthcare providers. We handle all types of claims, including birth injuries related to abnormal fetal positioning. We can help your family seek justice for everything you’ve been through.

Types of Fetal Positions

There are two essential terms to understand regarding a baby’s position in a mother’s body: fetal position and fetal presentation. While many use these terms interchangeably, they refer to slightly different things. Fetal position refers to whether the baby faces the mother’s stomach or back. Fetal presentation refers to which part of the baby will lead the way out of the birth canal.

The safest way for a baby to be born is with their head pointing towards the birth canal, facing the mother’s back with their chin tucked into their chest. This positioning is known as occiput anterior (OA) or vertex presentation, and it enables the baby to move through the birth canal with the lowest risk of getting stuck or suffering other birth complications.

However, there are several less desirable positions and presentations.

Occiput Posterior

In the occiput posterior (OP) presentation, the baby’s head is positioned correctly (pointing towards the birth canal); however, the baby is angled towards the mother’s abdomen. The OP position is relatively common, as 10 to 34 percent of babies start in this position before the first stage of labor. However, if a baby does not rotate its body, it may necessitate an emergency Cesarean delivery. Sometimes, doctors use instruments to help the baby through the birth canal, although birthing tools correlate with a higher risk of birth injury.

Occiput Transverse

A baby in the occiput transverse (OT) position is sideways in the womb. Babies in this position cannot descend the birth canal, and if the baby’s position doesn’t change, it will require a Cesarean delivery. However, doctors can usually tell if a baby is in the OT position through a pre-labor vaginal exam. The risk for a baby in the OT presentation is an increased chance of umbilical cord prolapse, which requires immediate Cesarean delivery.

Breech Position

A baby’s rear end faces the birth canal in the breech position. The most significant risk with a baby being in a breech position is that the umbilical cord either wraps around the baby’s neck (an umbilical cord loop) or passes through the mother’s cervix before the baby. The following are common breech positions:

• A complete breech occurs when the baby’s bottom points towards the birth canal, where their legs fold at the knees, and their feet rest close to their bottom.
• A Frank breech occurs when the baby’s bottom faces the birth canal and its feet angle towards the head.
• A footling breech occurs when a baby’s bottom and one of its feet are pointed toward the birth canal while the other folds up toward the head.

While this is a lot of information for expecting parents, the good news is that with appropriate pre-natal and pre-labor medical care, doctors can usually identify when a baby is not in the ideal position. However, if a doctor fails to conduct the proper exam or misinterprets a baby’s presentation or fetal position, it can lead to serious, irreversible injuries.

Bringing a Wayne County Birth Injury Claim

Families with a child who suffered severe injuries due to fetal positioning or presentation may be able to pursue a birth injury claim against the delivering physician, midwife, or another medical professional, as well as the hospital or birthing center. Birth injury cases fall under the umbrella of medical malpractice. Thus, to successfully hold a medical professional liable in a Wayne County birth injury case, a family must be able to establish all the following elements:

1. A doctor-patient relationship existed.
2. The care provided by the doctor fell below “the degree of diligence and skill which is ordinarily possessed by the average of the members of the profession in similar localities.”
3. The doctor’s negligent care resulted in harm to the mother or child.
4. The mother or child suffered legally recognizable damages, such as a worsening medical condition.

Importantly, before anyone can bring a birth injury claim, they must first obtain and file an “affidavit of merit.” Michigan medical malpractice claims require an affidavit of merit that certifies an expert reviewed the plaintiff’s case and, in the expert’s opinion, their case has merit. Be sure to file an expert affidavit to avoid the dismissal of your claim.

Families pursuing a Wayne County birth injury claim can recover financial compensation for their economic and non-economic damages. Economic damages are those out-of-pocket expenses a family faces due to a doctor’s negligence, including, for example, any medical care a child needs due to their injury. Economic damages include the cost of ongoing assistive care a child may need due to any temporary or lifelong disability.

Non-economic damages are more subjective because they compensate families for the emotional and psychological impact of the doctor’s negligence on their lives. Non-economic damages include any pain and suffering you or your child experienced or will experience. Other types of non-economic damages available in a Wayne County birth injury lawsuit include:

• Mental anguish.
• Loss of enjoyment of life.
• Disability or disfigurement.

Of course, these cases are about more than money; they also encourage doctors and other healthcare professionals to provide the appropriate level of care to every patient.

Schedule a Free Consultation to Discuss Your Case With an Experienced Wayne County Birth Injury Lawyer

If your child was born with serious injuries or tragically died during childbirth due to issues related to their fetal position or presentation, you are not alone. While this is an exceedingly challenging time, you can seek justice on your child’s behalf. At Sommers Schwartz, we understand the trauma your family has experienced and continues to experience, and we are here to help however we can.

We offer all families affected by birth injuries a free consultation to discuss their situation and summarize their options. If you decide to bring a case with us, we will not bill you for our services unless we can recover compensation on behalf of your family, and, in most cases, we advance all litigation costs. To learn more and schedule a free consultation with a Wayne County birth injury lawyer, call Sommers Schwartz, P.C., at 800-783-0989 today. You can also connect with us through our online form.