What can I possibly be compensated for in a childbirth negligence case?

Answer:

Victims of childbirth negligence can be compensated for their or their baby’s injuries. As long as the injuries were caused by their obstetrician’s malpractice, the victims have the potential to recover damages.

Proving Negligence

Negligence occurs when a physician does not behave as a normally prudent physician would in the circumstances. A physician can act negligently by not performing the proper tests on the mother or child or by not performing the proper procedures to safely deliver the child.

Injuries to the Mother

If the mother was injured during childbirth, she can recover for her financial, physical or emotional distress. Most emotional distress claims will not be compensated unless the mother also suffered economic losses. Examples of injuries to the mother include her becoming unable to carry more children, her needing a cesarean section due to the physician waiting too long to deliver the child, her suffering a poorly performed episiotomy or her being otherwise physically injured.

Injuries to the Baby

The medical professional present during the mother’s delivery of the baby is also responsible for the baby’s health. Examples of an actionable malpractice cause of action for injury to a baby include a baby that loses oxygen during deliver and suffers brain damage, a baby that suffers brain damage from being in the birth canal for too long or a baby that is cut during a cesarean section. If the baby was injured due to the obstetrician, nurses or other professional’s actions, its parents can sue for malpractice.

Obtaining Legal Advice

If you believe that physician negligence caused your or your baby’s injury, seek legal advice. A lawyer will review the facts of your childbirth and discuss with you whether you have a valid cause of action.

References:

Causes of Injury During Childbirth

Get Informed - Medical Malpractice Laws & Information

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