A birth complication injury can result in physical and/or emotional damage to the mother, the baby or both. Birth complication injuries are typically among the most common medical malpractice lawsuits with some of the highest jury verdicts. As such, the medical malpractice insurance premiums for obstetricians are among the highest of the entire medical profession. If you have suffered from a birth complication injury, then you need to learn about your legal rights.
Doctor Liability for Birth Complication Injury
A birth complication injury can arise in a number of different situations. For example, an injury could arise from:
- Failure to diagnose a problem with the fetus during pregnancy
- Failure to provide adequate prenatal care
- Failure to identify problems on the day of delivery, such as a breached child, an umbilical cord wrapped around a neck, or a dropping fetal heart rate
- Failure to deliver the baby quickly enough, leading to injury to mother or child
- Aggressive use of forceps or a vacuum to remove the baby, leading to birth injuries including cerebral palsy
- A botched cesarean section
- Inadequate post-natal care
In any of these situations, the doctor can be liable if certain criteria are met.
Proving Doctor Liability
To hold a doctor liable for birth injury, you must prove three elements of the medical malpractice tort case:
- That the doctor was negligent. Doctors are all expected to provide a base minimum standard of care. This is judged on a reasonable person standard- if the doctor was less careful than a reasonable doctor would have been, he is considered legally negligent and thus legally liable
- There must actually be a compensable injury. In other words, if your doctor was negligent but miraculously nothing went wrong, then you cannot sue him since you have no damages to recover
- Injury must have directly resulted from the doctor's negligence
If you can prove each of these elements, then you can recover damages for your birth injury complications. However, it is important to note that certain states have imposed restrictions on the amount you can recover. For example, California limits victims of malpractice to $250,000 in non-economic damages in most medical malpractice cases.
Getting Help
Proving medical negligence can be difficult and the case often turns on the testimony of expert witnesses. If you or your child is suffering from birth injury complications, it is essential you speak with an experienced medical malpractice attorney who can provide guidance on your legal rights and who can help you build a case to hold the doctor accountable for what he did.
