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Medical Malpractice and Child Birth

Childbirth is supposed to be one of the most beautiful experience for parents. However, in some unfortunate events, unforeseen circumstances happen and leave the child or mother (sometimes both) in pain.

When the damage happens because of natural or genetic reasons, then one can accept and move on. However, when it is as a result of another’s negligence or omission, the victim can legally bring a lawsuit against the doctor, the hospital, or any other responsible party. Note that since this process can be complicated, it might be best to work with one of the best Cleveland medical malpractice attorneys for the best possible outcome.

Birth-related medical malpractice

Malpractice in the delivery room happens when a hospital, nurse, doctor, or any other medical professional fails to offer a patient with reasonable care, leading to injury. Although we mostly think about the baby when discussing birth-related issues, medical malpractice also includes injuries that a mother sustains.

Injuries to the child

You can bring a claim as the guardian of the infant in case he or she is injured. You can ask for both special and general damages on behalf of the infant too. General damages include the cost of suffering like physical and mental pain and suffering, loss of life, and so on.

Injuries to the mother

You can bring a lawsuit against the doctor or the facility if negligence or carelessness causes your injury before or during delivery. For instance, if a physician doesn’t recognize your high blood pressure before childbirth and you end up having a seizure, then you can file a medical malpractice lawsuit to recover for damages caused by the seizure.

Other examples of injuries include

  • Cerebral palsy
  • Brain damage
  • Erb’s palsy
  • Brachial plexus
  • Nerve damage
  • Spinal cord injuries
  • Caput Succedaneum
  • Cephalohematoma
  • Meconium aspiration syndrome
  • Bone fractures
  • Stillbirth
  • Avoidable premature delivery
  • Injuries from devices
  • Subconjunctival Hemorrhage

Wrongful birth

In this suit, you claim that the caregiver should have informed you of your child’s impending congenital disabilities that if you were aware of, you would have ended or avoided the pregnancy. It’s usually based on negligent failure to identify physical or mental impairments in the early pregnancy stages or negligent genetic testing before the baby is conceived. Damages for wrongful birth cases consist of expenses to address the child’s disorder like educational therapy and medical costs.

Birth injuries and legal actions

It is possible that the caregiver did something or failed to do something during the child delivery process, and their actions led to medical malpractice. However, it’s not as easy as that. The injuries alone do not mean that the medical practitioner did birth-related medical malpractice. As with other medical malpractice cases, the claim has to meet specific law requirements – like prove there was a duty of care and that the doctor breached that duty and as a result, you and/or your baby were injured.

Wrongful pregnancy

You could file this claim if you tried to prevent pregnancy through pregnancy testing, sterilization, or abortion to no success because of the doctor’s negligence. So, although the child is in good health condition, you still sue the responsible party for the harm arising from unwanted pregnancy and birth.