Ob/gyn malpractice can have serious, long-term or permanent consequences for both mother and child. Should injury befall an expectant mother, the ob/gyn may or may not be liable for any damage. Below is an explanation of the situations in which an ob/gyn might be liable for malpractice and those in which she might not be responsible.
Pregnancy Misdiagnosis
An ob/gyn that tells a woman she is not pregnant after testing but who is actually pregnant may be liable for any injury that befalls the unborn child in the future. This is because the ob/gyn would not have provided the expectant mother with the ability to change certain of her behaviors so that the child was not affected. For example, a mother told she was not pregnant but who actually was pregnant may still continue to drink alcohol, which could result in hr delivering a child with fetal alcohol syndrome.
Failure to Treat a Condition
Most medical conditions befalling an expectant mother are treatable or at least manageable during the mother’s pregnancy. An ob/gyn that fails to diagnose an easily diagnosable condition or that fails to treat or care for a condition of which the mother has been diagnosed may be liable for malpractice.
However, note that an ob/gyn cannot be held liable for not treating or caring for a condition she was unaware the mother was experiencing. A mother’s failure to share information or lying to the ob/gyn would remove the ob/gyn from being liable for the injury because she would not have had the chance to treat the mother.
Improperly Prescribing Prescriptions
Anything the mother ingests her baby does also. Because of this, there are several medications that are unapproved for expectant mothers because their affect and potential harm to the child is too great or unknown. An ob/gyn that prescribes a medication knowing of the likelihood of potential injury may be liable for that injury. Furthermore, prescription of newer a medication of which little is known about the side effects and that later proves to harm the child may result in the ob/gyn being liable for damages.
Poor Delivery
An ob/gyn that delivers a baby in an unsafe manner may be responsible for any injury that befalls the mother and child. This could include using outdated delivery methods, such as the use of forceps, or not performing a cesarean section when necessary.
Obtaining Legal Representation
If you believe your ob/gyn harmed you during your pregnancy treatments, seek legal representation for your claim. A lawyer will review the facts of your case to determine whether the ob/gyn acted negligently or recklessly and is therefore liable.
