Occasionally when a woman gives birth, there can be medical malpractice which occurs during the labor and delivery. In such an instance, there may be a claim based upon birth medical malpractice. When the mother, as a parent, files a lawsuit against the physician, hospital, health care personnel and/or other medical providers, the mother will have legal rights and remedies.
How a Medical Birth Malpractice Case Arises
Typically, a medical malpractice case arises in a birth during the labor and delivery process. The medical malpractice may stem from a medical error made by a physician or related hospital personnel, such as the delivery room nurse. In addition, a medical malpractice birth claim may be based upon a deviation from the accepted medical standard of care, or medical negligence. Moreover, medical birth malpractice may be rooted in the acts of a physician or other medical personnel who is under the influence of alcohol or another substance. Furthermore, medical birth malpractice could be based upon a failure of medical equipment utilized in labor and delivery.
Common Types of Birth Medical Malpractice
Some scenarios of medical malpractice which arise in the birth context are common. These common scenarios include, but are not limited to, the following:
- failure to monitor fetal distress during labor
- failure to react quickly to fetal distress during labor
- failure to provide an emergency cesearean section when indicated during labor
- administration of incorrect medication during labor
- misuse of instruments during labor
- inducement of labor in an incorrect manner
- failure to provide appropriate pre-natal care
- mismanagement of shoulder dystocia (which is a medical situation where the shoulder becomes stuck in the mother's pelvis and requires specific medical care and attention during labor)
Possible Types of Damages
In the event that a mother files a medical malpractice case based upon a birth incident, there are various types of damages which she may be able to obtain. Each jurisdiction has different rules pertaining to damages; however, the following represent general categories of damages which may be available:
- pain and suffering
- disability
- disfigurement
- wrongful death
- punitive damages (designed to punish the wrongdoer and deter future similar conduct)
- medical bills
Getting Legal Help
If a mother has been involved in a birth malpractice incident, she should consider consulting with an experienced medical malpractice attorney. An experienced attorney can evaluate the case and determine whether there is a viable case. Moreover, an attorney can assist in the selection of the most appropriate course of action. In addition, an experienced attorney can help to preserve one's rights and obtain the compensation one is entitled to receive.
