When a woman goes into labor, she trusts that the doctors and nurses in the delivery room will do everything possible to ensure a safe and healthy birth for her and her child. However, sometimes things get out of hand, and medical malpractice can occur.
Medical malpractice is the term used when a medical professional commits an act below the standard of care. It can have life-changing consequences for both mother and child when this happens.
Thus, it is essential to understand what medical malpractice in the delivery room looks like to avoid such consequences.
Injury To The Mother Or Child During Pregnancy Or Delivery
Medical malpractice during pregnancy and childbirth often leads to devastating injuries for the mother or child. These injuries can include but are not limited to brain damage, paralysis, Erb’s palsy, and death.
Suppose you or a loved one have suffered an injury as a result of birth injury medical malpractice during pregnancy or childbirth. In that case, you may be able to file a lawsuit against the negligent doctor or hospital. There are many things to consider when filing a medical malpractice lawsuit.
First, you must prove that the doctor or hospital was negligent. It can be challenging, as negligence is often difficult to prove. You must also show that the negligence caused your injury. Finally, you must show that you suffered damages due to the negligence.
Wrongful Birth
Wrongful birth happens when a doctor or other medical professional provides negligent care that leads to the birth of a child with disabilities or a life-threatening illness. The child and their parents may file a lawsuit seeking damages for the injuries suffered as a result of the wrongful birth.
Some of the most common causes of wrongful birth include:
- failure to diagnose a genetic disorder or chromosomal abnormality;
- failure to perform prenatal tests that could have identified these conditions;
- performing tests that were inaccurate or misinterpreted; and
- failure to warn the parents of a prenatal test result, indicating their child will be born with disabilities or an illness.
This negligence can cause immense emotional and financial strain on the parents of a child with disabilities. The National Center for Wrongful Birth Claims estimates that these families face average lifetime expenses of $800,000 due to their child’s congenital disabilities.
Fortunately, you may be able to seek damages in a wrongful birth lawsuit if your doctor or medical professional caused this needless suffering.
Wrongful Pregnancy
A wrongful pregnancy results from medical malpractice. In other words, the doctor or other medical professional responsible for the pregnancy messed up the procedure or otherwise did something wrong that led to the undesired pregnancy. It can be a difficult situation for both the parents and the child.
There are a few different ways in which a wrongful pregnancy can occur. One is when the doctor mistakenly removes or damages one of the woman’s ovaries, leading to infertility. Another is when the doctor performs an abortion but misses part of the fetus, resulting in a live birth.
And finally, there are cases in which drugs or other treatments meant to terminate a pregnancy end up causing it to continue. Whatever the cause, a wrongful pregnancy can be a challenging experience for everyone involved.
The parents may feel guilty or sad that they can’t have the child they wanted, and the child may feel confused or abandoned by their birth parents. It is vital to seek legal help if you find yourself in this situation to get the support you need during this difficult time.
How To Prove Medical Malpractice
Proving that a birth injury was caused by medical malpractice can be difficult, but you can take several steps to strengthen your case.
The first step is to gather evidence of the injury. It includes both medical records and expert testimony. The medical records should show that the injury was not caused by any other factor, such as genetics or an accident during labor.
Expert testimony can help establish that the injury was caused by negligence on the part of the healthcare professional. The next step is to establish the standard of care. The standard of care refers to the amount and quality of care that a reasonable healthcare professional would have given in these circumstances.
If your injury was caused by a failure to meet this standard, then it might be considered malpractice. An attorney can help determine whether you have a case for medical malpractice based on your birth injury and what steps to take.
Final Thoughts
Medical malpractice is a severe issue in the delivery room that can cause mothers emotional and physical trauma. It’s essential to know how medical malpractice happens so you can make informed decisions about your birthing experience and avoid litigation.
