Unbeknownst to doctors, a common trend in delivery room doctors may be a form of labor delivery negligence. New York birth injury lawyers understand that more and more data points to the fact that elective early deliveries can increase a newborn’s risk of complications.
Early delivery means before 39 weeks and many doctors allow these elective procedures simply because they are trying to accommodate their uncomfortable patients or even because it helps to manage a schedule. These early deliveries can be dangerous and the American College of Obstetricians and Gynecologists recommends against induced deliveries before the 39-week mark, unless there is a medical necessity like fetal distress or high blood pressure in the mother.
Records indicated that babies delivered prior to 38 weeks have an increase risk of needing breathing or feeding tubes or have developmental problems. Waiting until 39 or 40 weeks reduces these risks.
But for some reason, not all doctors are listening to the data or recommendations. Each year, it is estimated that 10 to 1 percent of babies born are delivered early and without medical necessity.
Some insurance agencies are taking note of the statistics and are discouraging unnecessary early deliveries, even going so far as to penalize doctors. One of the nation’s biggest private heath insurers recently stared paying hospitals to put an end to early deliveries without cause. Insurance companies believe this will save money since it reduces the amount of babies placed in intensive care following an early delivery. Some insurance companies refuse to pay for the elective procedure altogether
Medicare is also jumping on board, asking hospital to report their elective early deliveries, pushing to reduce these numbers.
Doctors and parents alike may see many benefits in pushing for an early delivery but it is up to the doctor to understand the risks involved. If a doctor negligently agrees to an early elective delivery and a child is harm or developmentally disabled as a result, the parents may be able to recover compensation for this injury and any resulting medical bills or costs.
Waiting for a safe delivery is always a good option and doctors have a duty to make sure that parents are informed of the risks of early delivery.
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Early deliveries may lead to increased birth injuries
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Jay W. Dankner
JAY W. DANKNER was born, raised and educated in Brooklyn, New York. After graduation from law school in 1973, he joined the firm of the legendary, Harry H, Lipsig, under whose tutelage he learned the intricacies of civil litigation and trials. He tried and won his first case against General Motors in a case involving a design defect within weeks after his admission. Thereafter, he focused his attention on the emerging and developing field of law known as products liability litigation.
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