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Q&A Birthing Negligence?

My baby broke her skull because no one caught her when she was born. Is that medical malpractice? Here’s the story – I got an epidural and was told to wait until my contraction was finished before laying back down on the bed. The nurse then said, “It is getting ready to come.” At that point, I am told that obstetrics was called for delivery and to do a vaginal exam. However, before the OB could arrive, my baby came and no one was there to catch her so she fell straight to the floor and broke her skull. I wasn’t even pushing.

A:Medical experts consulted on this matter say that such an event is negligence unless the hospital you were in for some reason prevents nurses from performing vaginal exams and emergency deliveries. Even if you were sitting up for the epidural, someone should have been by your side and in front of you.

So the answer is yes, this terrible event was likely the result of negligence. The next question is whether or not your baby’s injuries are such that a lawsuit should be pursued. Only further investigation of the medical records and your daughter’s recovery can answer that question.

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