During pregnancy, a baby usually positions itself head-down in the womb in preparation for birth. This positioning, called cephalic presentation, allows for a smoother and safer delivery. However, in some cases, the baby may present abnormally, such as feet- or buttocks-first (breech) or sideways (transverse). These abnormal fetal presentations can pose serious risks during labor and delivery and require prompt and competent medical intervention.
When a healthcare provider fails to diagnose, monitor, or properly respond to an abnormal presentation, the result can be catastrophic for both mother and child. If your baby suffered an injury due to a mishandled delivery related to abnormal presentation, you may have grounds for a medical malpractice claim.
At McWhirter, Bellinger & Associates, our South Carolina abnormal fetal presentation attorneys help families seek justice and financial compensation after preventable birth injuries. We understand the emotional weight of these cases and are committed to fighting for your child’s future.
What Is Abnormal Fetal Presentation?
Fetal presentation refers to the part of the baby’s body that is positioned to come out of the birth canal first. The safest and most common presentation is vertex or cephalic, in which the baby’s head is down.
However, other types of presentation are considered abnormal and may require special care:
- Breech Presentation – The baby’s buttocks or feet are positioned to come out first.
- Frank breech: Buttocks first, legs up
- Complete breech: Buttocks first, knees bent
- Footling breech: One or both feet positioned to deliver first
- Transverse Lie – The baby is lying sideways, and the shoulder or back is positioned toward the birth canal.
- Face or Brow Presentation – The baby’s face or forehead presents first, which can complicate vaginal delivery.
Abnormal presentation often requires cesarean section (C-section) or other interventions to avoid harm.
Causes and Risk Factors
Several maternal or fetal conditions can contribute to abnormal fetal presentation, including:
- Multiple gestations (twins or more)
- Uterine abnormalities or fibroids
- Placenta previa
- Excess amniotic fluid
- Preterm labor
- Fetal abnormalities
- Pelvic shape or size issues
- History of C-section or uterine surgery
Skilled obstetricians are trained to recognize these risk factors early and plan accordingly. When they fail to do so, and harm results, it may be a case of negligence.
Potential Injuries from Mismanaged Abnormal Presentation
When abnormal fetal presentation is not properly diagnosed or managed, serious injuries can occur to the baby or the mother. These include:
Infant Injuries:
- Brachial plexus injury (Erb’s palsy) – Nerve damage due to excessive pulling or shoulder dystocia
- Cerebral palsy – Brain injury caused by oxygen deprivation during a prolonged or traumatic birth
- Fractured bones – Especially collarbone or femur during difficult vaginal delivery
- Spinal cord injuries
- Facial nerve damage or bruising
- Stillbirth or neonatal death
Maternal Injuries:
- Uterine rupture – A medical emergency often associated with attempting vaginal delivery with abnormal presentation
- Hemorrhage – Internal bleeding due to uterine trauma or prolonged labor
- Infections – Especially if there is a prolonged rupture of membranes
With modern prenatal care and skilled obstetric management, many of these injuries are entirely preventable.
How Negligence May Occur
Not every abnormal presentation leads to malpractice. However, providers have a duty to properly monitor fetal position and take appropriate action when issues arise. Common medical errors include:
- Failure to diagnose abnormal fetal position before labor
- Improper attempt at vaginal delivery when C-section was clearly indicated
- Delayed decision to perform a C-section
- Improper use of delivery tools (forceps, vacuum extractors)
- Failure to monitor fetal distress during labor
- Lack of communication among the labor and delivery team
When these actions, or inactions, fall below the accepted medical standard, and a patient suffers harm, the provider may be held liable.
Proving Medical Malpractice in Abnormal Presentation Cases
To bring a successful malpractice case in South Carolina, you and your personal injury attorney must prove:
- A provider-patient relationship existed.
- The provider owed a duty of care to act in accordance with medical standards.
- That duty was breached through negligence or error.
- The breach directly caused injury to the baby or mother.
- The injury resulted in damages, such as medical bills, disability, or emotional distress.
These cases often hinge on complex medical records, expert witness testimony, and an understanding of obstetrical protocols. Our legal team works closely with board-certified OB/GYNs and birth injury specialists to identify signs of negligence and build a compelling claim.
What Damages Can You Recover?
A birth injury can affect a family for a lifetime. If your child was harmed due to negligent management of an abnormal fetal presentation, you may be entitled to compensation for:
Economic Damages:
- Hospital bills for neonatal intensive care, surgeries, and rehabilitation
- Future medical expenses
- Costs of long-term care or special education
- Lost wages (if a parent must stop working to care for the child)
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
- Permanent disability or disfigurement
In cases of wrongful death, parents may also seek damages for:
- Funeral expenses
- Grief and sorrow
- Loss of future financial support
Why Choose McWhirter, Bellinger & Associates?
At McWhirter, Bellinger & Associates, we understand the emotional toll that a birth injury places on a family. Our birth injury lawyers bring both the legal experience and sensitivity required to handle these complex cases.
When you work with us, we will:
- Offer a free, no-risk consultation
- Investigate your medical records in depth
- Consult with respected medical experts
- Handle all negotiations with insurance companies
- Take your case to court if needed
We work on a contingency fee basis, you pay nothing unless we win compensation for you.
Contact Our South Carolina Birth Injury Attorneys Today
If your child was injured because a healthcare provider failed to appropriately manage an abnormal fetal presentation, you may be entitled to justice and compensation. Let the experienced attorneys at McWhirter, Bellinger & Associates fight for your family’s future.
With seven offices across the Midlands, we are proud to serve families throughout South Carolina.
Call today. It won’t cost you anything to see if we can help.®