March 20, 2019

What Happens When the Mom or Baby Is Injured During Delivery?

Birth Malpractice

Preparing for a baby’s arrival is an exciting time for expecting parents. You’ve decorated the nursery, bought diapers, and hung up a closet full of tiny outfits. You’re prepared with your birthing plan and the hospital bag is already in the car. But what if something goes wrong in the delivery room?

Birth-Related Medical Malpractice

Birth-related medical malpractice occurs when a doctor, hospital, or other medical staff acts negligently and the mother or child are injured during pregnancy or delivery. However, if this occurs, there are rules on how injured people are compensated and who can bring a lawsuit in a birth injury case.

Birth Injuries to the Mother or Infant

Although rare, medical malpractice by a doctor may cause injury to either the mother or infant, or both, during the delivery of the baby. Some examples of medical malpractice that can cause birth-related injuries include:

  • Negligently failing to control excessive maternal blood loss post-delivery.
  • Negligently failing to monitor the baby’s oxygen intake pre-and-post-delivery.

Injury to infant. The parents must bring the lawsuit on behalf of the infant. The parents may ask for both general and special damages. General damages include the cost of suffering, mental and physical pain, and loss of enjoyment of life.

Example: A doctor doesn’t use reasonable care and erroneously decides to deliver a baby prematurely. As a result, the baby suffers brain damage. The parents may sue to recover medical expenses incurred to pay for ongoing rehabilitation and developmental needs, as well as pain and suffering since the baby will experience the ongoing trauma of physical and mental disability.

Injury to mother. The mother can bring a claim if the doctor’s carelessness caused her injury prior to or during the delivery.

Example: If the doctor fails to note the mother’s high blood pressure prior to delivery, a sign of a condition known as preeclampsia, and the mother has a seizure during the delivery, the mother may have a claim for medical malpractice to recover for injuries caused by the seizure.

Emotional injury to parents. The parents may also sue for the emotional pain and suffering they experience because of their baby’s injury.

How Gingras, Thomsen & Wachs, LLP Can Help You

At Gingras, Thomsen & Wachs, LLP, we know how hard it is to be a new parent, or even a seasoned parent with a newborn; and we understand the complications that can arise with an injury. When your family and financial stability are on the line, Gingras, Thomsen & Wachs, LLP will bring the fight and ensure that you receive all of the care and compensation that the law allows. Contact us today for a free consultation.

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