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My son with Autism Spectrum Disorder

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Martena

Junior Member
I would like to know if I have a legal action. Due to my son after becoming stuck in the birth canal,the use of forceps to get him out. After 10 hours of labor,could that be the cause of him being diagnosed with Autism Spectrum Disorder (ASD) Developmental Delay?
 


Just Blue

Senior Member
I would like to know if I have a legal action. Due to my son after becoming stuck in the birth canal,the use of forceps to get him out. After 10 hours of labor,could that be the cause of him being diagnosed with Autism Spectrum Disorder (ASD) Developmental Delay?
This is not a legal question it is a medical one. Please take your medical records to a qualified Pediatric Neurological Doctor for an opinion.

I will say that based on everything I know about ASD...I doubt that was the cause. I am not a doctor or an attorney. I am a mother of a child with PDD (ASD). My advice is to educate yourself and understand that the Dx of your child does NOT predict the future of your childs potential.

What state are you in?
 

LdiJ

Senior Member
I would like to know if I have a legal action. Due to my son after becoming stuck in the birth canal,the use of forceps to get him out. After 10 hours of labor,could that be the cause of him being diagnosed with Autism Spectrum Disorder (ASD) Developmental Delay?
You would need to ask that question of a medical professional in consultation with a malpractice attorney, however many children are delivered using forceps and I am unaware of anything that links that to Autism My own daughter was stuck in the birth canal due to being face up rather than face down and she is absolutely NOT autistic.

Also, the reality of things is that a doctor is virtually never liable for a child being stuck in the birth canal. Its nature that causes that not doctors. Doctors these days make sure that mothers and children do not die due to that sort of thing, but they are not responsible for it...nature is. 100 years ago that might cause a mother to die in childbirth. It does not today.
 

Just Blue

Senior Member
You would need to ask that question of a medical professional in consultation with a malpractice attorney, however many children are delivered using forceps and I am unaware of anything that links that to Autism My own daughter was stuck in the birth canal due to being face up rather than face down and she is absolutely NOT autistic.

Also, the reality of things is that a doctor is virtually never liable for a child being stuck in the birth canal. Its nature that causes that not doctors. Doctors these days make sure that mothers and children do not die due to that sort of thing, but they are not responsible for it...nature is. 100 years ago that might cause a mother to die in childbirth. It does not today.
People that have a child with ASD are looking for a REASON. There is no answer to that other than genetic background. Lil'blu and I were blessed to be in Massachusetts and have wonderful doctors and teachers.
 

Taxing Matters

Overtaxed Member
I would like to know if I have a legal action. Due to my son after becoming stuck in the birth canal,the use of forceps to get him out. After 10 hours of labor,could that be the cause of him being diagnosed with Autism Spectrum Disorder (ASD) Developmental Delay?
It would be important to know in what state the birth took place, when the birth took place, and how long ago the symptoms and diagnosis of the autism occurred. It may be that the statute of limitations (SOL) to sue is already expired and if it is expired then nothing else will matter as any lawsuit would be easily dismissed based on the SOL.

If the SOL has not expired then the issue is whether the doctor was negligent in how he handled the birth and whether you can connect that negligence to the cause of the autism. The use of forceps during delivery is a recognized practice in medicine in certain situations, including where the delivery is not progressing well (e.g. the baby is stuck in the birth canal) or the baby is facing the wrong way during delivery. Thus, the use of the forceps by itself in your situation does not clearly indicate negligence. It would matter exactly how the doctor used the forceps as to whether it was done properly.

Even if you can show there was negligence in the use of the forceps in delivery, you then need to prove that this was the cause of the autism. That’s going to be extremely hard if not impossible to do as there appears to be no recognized link between birth canal problem or use of forceps and autism. Indeed, the causes of autism are not clearly understood and there appears there may be several potential causes. Research shows that genetics may be a big factor in who develops autism. Apart from that, the only birth related factor that I see mentioned as a potentially known risk factor are babies born very prematurely. The reality is that you may never know exactly what caused your child’s autism and it is very possible that no one is to blame for it. Many conditions that we humans get are simply not anyone’s fault.
 

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