Obstetrics is the name of the medical specialty which focuses on women as they go through pregnancy and childbirth. Quite often it is coupled with gynecology, which focuses on female disorder and diseases of the reproductive system. Because obstetrics is the medical branch that specializes on pregnancy and childbirth, and there are many health issues, and errors of judgment and human mistakes which can adversely affect the outcome of pregnancy and childbirth, malpractice is often a concern for those who practice in this field of medicine.
Obstetric Malpractice FAQ's
1. Q: What is the statute of limitations for bringing a claim against an Obstetrician for injuries occurring during birth?
A: The answer is going to be different depending upon the state in which you live. As an example, the limitations for medical negligence cases in California for injuries to a child under the age of 6 is three years, or prior to the time the child turns 8 years of age, whichever is longer.
2. Q: If we bring suit against an Obstetrician how long will it take to reach a conclusion?
A: Once again, the time depends upon the court system of the individual state in which you live. However, it is generally impossible to determine the neurological long-term needs of an injured child until it reaches at least 3 years of age. For this reason, most cases aren't going to be resolved before neurological assessments are complete. Some states have a fast track system aimed at moving cases through the system, with the goal of 100% of cases being concluded within 24 months.
3. Q: Are there limits on the amount one can recover from a doctor or hospital?
A: Yes. The amount of the limitations will depend on the state in which you live, but most states have put limits on what can be recovered. In California, as an example, the cap on general damages (pain and suffering) is $250,000. This is what covers the inconvenience, emotional distress from disfigurement, etc.
4. Q: Where will the trial be held?
A: Generally trials for medical negligence are filed and held in the county in which the injury occurred. If not there, where the defendants - the doctors and hospital - are located or reside.
5. Q: Will expert testimony be required?
A: In most cases the testimony of a medical expert is going to be necessary in order to prove a claim of birth negligence leading to injury. The burden of proof is on the plaintiff, which means that the injured party and their attorneys must prove the culpability of the defendants. Without a medical expert, chances are high that the plaintiff will lose his case.
6. Q: Will (expert) witnesses also be necessary?
A: In order to sufficiently make your case experts in areas including neurology, perinatology, rehabilitation, vocational rehab, economics, and pediatrics will be needed for consultation. Their input helps establish the losses which the child will sustain throughout its life due to the negligence experienced at birth.
7. Q: What is the difference between a birth injury and a birth defect?
A: Birth defects are those injuries or harm that the baby received prior to birth due to genetics or other events that took place during the pregnancy. A birth injury, on the other hand, are those caused by something that went awry during the delivery process.
8. Q: What situations during delivery are causes for birth injury lawsuits?
A: Should you have a nurse, a doctor or even a mid wife (some health care professional) fail to adequately respond, or diagnose a condition or complication during the pregnancy or delivery, and a birth injury occurs, the situation may warrant a malpractice lawsuit.
9. Q: What is the percentage of births injuries?
A: One estimate states that for every 1000 babies born to U.S. households, there will be 5 birth related injuries. That is .5% (or half of one percent), so fortunately quite small number.
10. Q: What does a jury consider when determining if a doctor's actions fall within the standards of good medical practice?
A: For the most part juries are going to be influenced by the word of experts. They are going to take the word of other professionals, and doctors as to whether your doctor's actions fell in line with standard medical practice or fell below acceptable standard care.
11. Q: What are some causes of birth injuries?
A: One of the most common causes of birth injury is oxygen deprivation. But there is also excessive force used during delivery, lack of adequate medical care and delaying the decision to perform a cesarean section when it is in the best interest of the mother and baby.
12. Q: What are some of the most common birth injuries which lead to malpractice suits?
A: Quite often fractures to the arm or collar bone happen during childbirth along with bruising to the face and head. There is also umbilical cord entrapment, as well as skin irritations. The more serious injuries which can result in malpractice suits include Erb's Palsy or Cerebral Palsy. These happen a lot less frequently but can result in lifelong pain and suffering for the child and family. There is also brachial plexus, brain damage and shoulder dystocia. Other injuries which are the result of negligence on the part of the doctor include soft tissue injuries, nerve trauma, skull fractures, facial and/or body paralysis, and spinal cord damage.
13. Q: What negligence during the pregnancy can lead to birth injuries?
A: In order to be practicing medicine at a skill level befitting their profession, Obstetricians should be providing proper pre-natal care in order for the baby to be born healthy. Both mother and child should be monitored carefully through the pregnancy and checked for any signs leading to potential risks or dangers. Failure to perform the necessary test and procedures, or to give the mother adequate attention can amount to negligence resulting in serious birth injuries. Because negligence is not easily proven, it is best to have the matter investigated as soon as possible to ensure a greater chance of compensation for any injuries incurred.
14. Q: What are some errors in the delivery room that can lead to birth injuries?
A: Errors and/or neglect in the delivery room that could lead to birth injuries include dispensing the wrong drugs, incorrectly gauging contractions, improperly inserting epidural, neglecting to take vital signs, forced delivery and improper extraction of the child.
15. Q: What is asphyxia?
A: Asphyxia is when insufficient oxygenated blood flows into the baby's brain to the point that oxygen levels fall so far below normal that brain damage occurs. The clinician at the hospital is responsible for monitoring the fetus' oxygen for signs of abnormalities.
Seek Professional Adviced
Potential obstetric malpractice issues and questions should be addressed to an attorney who specializes in malpractice suits. This topic is complex and specific circumstances can only be resolved by speaking with a professional.
