Baby increases nerve injury at birth, gynecologist and doctor receive prison with delay: « consequences not wanted, but they are serious » (Aalst)

On 11 May 2018, both defendants were involved in a birth at the OLV Hospital Aalst. The first defendant was Head of Gynecology, the second defendant was a physician specialist in training. The mother’s regular gynecologist was not present at that time.

Overly

During the birth, the second defendant pulled too hard at the head of the Boreling. The first defendant then called to stop the traction and he took over the birth. Too late, because at that time the damage was already caused. A day after birth it was determined that the baby took an unnatural attitude and could not stretch her right arm.

Research at UZ Gent showed that the child had sustained a nerve injury. After several operations there is still fear of permanent physical damage.

Wrong

On July 6, 2018, a conversation took place between the mother and the first defendant. « During that conversation, the Head Department admitted that the doctor in the birth had made a mistake in the birth by pulling the baby’s head too hard, » says the civil party.

The hospital’s insurance company, however, thought differently and ruled that the birth was normally and that the file was closed. The mother decided not to leave it and filed a complaint.

Medical

The investigating judge appointed experts who had to judge whether there was effective medical error. « If the same birth in the same circumstances would have been carried out by a carefully acting, well -trained gynecologist, the injury could have been prevented, » was the conclusion.

It was her second birth for the woman. The first was difficult. « It was unacceptable that her second birth was then carried out by a doctor in training, » the experts said.

« If the same birth in the same circumstances would have been performed carefully, well -trained gynecologist, the injury could have been prevented »

Conclusion Experts

Counter expertise

A counter -expertise was performed at the request of the defendant. He was of the opinion that the injury during pregnancy was caused by a fall from the mother in the bathroom. « The first and second defendant had acted carefully during the birth and did not make any mistakes, » was the conclusion.

Causal relationship

The judge is of the opinion that there is indeed speaking of a causal link between the actions of the defendant and the injury sustained. « The court is aware that every birth entails risks and that doctors in training must get the chance to learn, » the verdict says. « However, this does not detract from the fact that both doctors committed carelessness. For example, the decision of the first defendant was to have the birth carried out by a first-year physician specialist in training a false estimate. The second defendant showed a lack of caution by pulling the head in such a way during birth. »

Both defendants were sentenced to a three -month prison sentence with delay. Both defendants must pay a provisional compensation of 8,500 euros to the mother. The court appointed an expert to be able to budget the damage in concrete terms.