What is Birth Injury Malpractice?

By on March 30, 2021
birth injury malpractice

If a doctor, medical staff, or hospital acts in a negligent manner, it could be birth-related medical malpractice. A negligent manner means that they do not use reasonable care. This negligence could cause injury to the child or mother during the pregnancy or delivery. It could potentially lead to a wrongful birth, which means that the parents may have chosen to end or avoid pregnancy altogether if they knew about congenital disabilities. It could potentially lead to wrongful pregnancy, which is when the parents try to prevent pregnancy, and it fails. It could also mean that the parents attempt to end a pregnancy, and that fails. Depending on which category you fall dictates the rules for whom you can sue and what type of damages there may be.

Injuries to Child During Birth

Injuries to mother and child are rare, but if the mother, child, or both receive injuries during the birth of the child, this could qualify as medical malpractice for the doctor. Medical malpractice could happen if the doctor fails to control the amount of blood the mother losses after delivery. It can also include neglecting to monitor the oxygen level of the baby before and after birth. If the baby is injured, the parents have to be the ones to file the lawsuit. The parents can ask for special and general damages. General damages cover the cost of suffering, including mental pain, physical pain and suffering, and the loss of the ability to enjoy life. If the doctor does not use reasonable care and makes an error in judgment by delivering the baby early and the baby suffers brain damage. The parents can sue for medical expenses related to the development and rehabilitative needs. They can also sue for the trauma to the baby because it has a mental and physical disability.

Injuries to Mother During Birth

If the mother is injured during or before birth due to the carelessness of the doctor, she can bring a lawsuit. If the doctor fails to pay attention to the mother’s high blood pressure, and she has a seizure during birth, she may be able to sue for medical malpractice and receive payment for injuries and complications from the seizure.

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The parents can bring a lawsuit because of the emotional suffering they endure because of the injury to their child. If the mother or child suffered an injury during birth, you might need to contact an Erbs palsy lawyer.

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What is Birth Injury Malpractice?