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VBACs Too Often Result In Injury and Death
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It used to
be said that “once a caesarian, always a
caesarian”, referring to the belief in the
medical community that it was not safe for a
woman who had had delivered a child by way
of caesarian section to later attempt a
trial of labor. The adherence to this
precautionary practice has, over the years
however, been eroded.
During the 1980’s and 1990’s, many in the
healthcare community, including managed care
organizations, have adopted the policy or
practice of attempting a trial of labor in
women who have previously delivered by way
of caesarian section, even in the face of
unacceptable risks to the mother and the
infant. This practice has come to be known
as a “VBAC” or “vaginal birth after
caesarian.”
While the
promotion of VBACs may save insurance
companies money, the risks simply cannot and
should not be ignored. It is known that
patients who fail a trial of labor are at
increased risk for infection and death.
Infants born by repeat caesarian delivery
after a failed trial of labor also have
increased rates of infection. Recent
reports indicate that major maternal
complications such as uterine rupture,
hysterectomy, and operative injury were more
prevalent in women who attempted a VBAC than
those who underwent repeat caesarians.
If the uterine
scar ruptures, it can be life-threatening
for both the mother and the infant. For the
mother, uterine rupture can require
hysterectomy and can result in death.
For the infant, uterine rupture can result
in both neurological damage and death.
Uterine rupture can result in a sudden
disruption in the blood flow to the fetus,
resulting in deprivation of oxygen to the
blood and tissues. This deprivation can
lead to death of brain tissues and serious
harm to other vital organs within only
minutes. Accordingly, it is imperative that
no VBAC be attempted at a facility where
emergency staff are not capable of
performing an emergency caesarian in minutes
in order to prevent this potential harm or
death to the infant and mother.
Too
often those in the healthcare community have
promoted VBACs under circumstances which
were foreseeably dangerous. These
circumstances included, but are not limited
to
1.
Attempting a
VBAC where there was an inability to
immediately perform an emergency caesarean
delivery because a surgeon, anesthesia,
staff or facilities were not immediately
available;
2.
Attempting a
VBAC with a mother having a contracted
pelvis;
3.
Attempting a
VBAC when a medical or obstetrical
complication precluded vaginal delivery;
4.
Attempting a
VBAC following a classical or T-shaped
incision or other transfundal uterine
surgery.
It has further
been found that the use of drugs for
purposes of inducing labor can further
significantly increase the risk of uterine
rupture. Particularly, the use of oxytocin
(or pitocin) and prostaglandins can increase
the relative risk of uterine rupture
many-fold. This added risk can arise if the
physician desires for the labor to be
completed during office hours and therefore
seeks to induce labor using these drugs.
In light of
the very serious consequences which can
arise in the context of attempting a VBAC,
too often patients and their families are
not adequately warned about the potential
consequences of attempting a VBAC.
In too many
instances, the doctor recommends early in
the pregnancy attempting a trial of labor
with little or no discussion of the serious
risks. Having a consent form flashed in
front of the patient’s eyes for signature
when the patient is admitted is simply
insufficient to allow a patient to make an
informed decision.
What You Can Do
If you believe that a
healthcare provider may have negligently
undertaken a VBAC which resulted in injury
or death, contact an attorney with experience
handling medical malpractice cases. As in any medical
malpractice case, you should not delay in
having your case reviewed because statutes
of limitation limit the amount of time one
has to bring a claim. Depending on the
facts of the case, these statutes of
limitations and exceptions can be very
complex and uncertain. To avoid having a
claim barred by the statute of limitations,
one should never delay in seeking the
consultation of an experienced medical
malpractice attorney to review the merits of
the claim.
For more information, or for
a free attorney consultation with The
Powless Law Firm,
click here, or call toll-free:
(888)922-2889.
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