Obstetrician malpractice poses grave risks to two parties, both the mother and unborn child, unlike many other malpractice claims involving only a single patient. Most obstetrician claims of malpractice revolve around a failure of the obstetrician to diagnose complications in a pregnancy or to take action to address signs to complications or distress, or in the second most common claim, an obstetrician provides or allows a pregnant woman to take certain prescription drugs that ultimately harm an unborn child. Per industry estimates, slightly more than five out of every one thousand live births result in birth injuries. Of this number, an even smaller percentage ultimately results in medical malpractice claims. Should a birth injury or complication have been preventable, the parents of a child are afforded legal rights to recover damages for injuries sustained by both mother and child.
Common Causes of Obstetrician Malpractice Claims
In order to determine whether a given obstetrician committed malpractice during the treatment of a mother or child, victims must determine whether a given obstetrician was negligent in their care of the mother or child. The determination of negligence is made by carefully evaluating a given obstetrician’s actions in comparison with the appropriate professional standard of care. Some of the most commonly cited causes of action in obstetrician malpractice claims include:
- Failure to assess or respond to complications during pregnancy or delivery, which can include any failure to diagnose a mother or infant’s condition properly, failure to administer appropriate reactive or preventative treatment options, or a hybrid of both. In any case, the determination of negligence is made based on the standard of care applicable to a specific patient in the exact same situation.
- Improper use of medical devices or other equipment, whether in prenatal care or during delivery, which may include negligent use of forceps, vacuum, or c-section surgical errors.
- Prescription drug errors, which ultimately cause a pregnant women damages or the cause the unborn child medical damages. In order to be held liable, an obstetrician must have been negligent in prescribing these medications to a pregnant woman, per the standard of care.
Damages Applicable to Obstetrician Malpractice
The real risk of obstetrician malpractice lies in the precarious nature of infants before and immediately following birth. Any number of complications, injuries, or other problems during the birth process can ultimately cause medical problems and other damages to the infant for the remainder of their life. For parents, the burden of caring for an injured child, as well as their losses sustained as the result of childbirth injuries, are also long-term considerations. The damages applicable to obstetrician malpractice claims must account for the potentially permanent nature of certain damages to infants.
Getting Legal Help with Obstetrician Malpractice Claims
Only a lawyer with experience in handling birth injury claims can accurately determine the legal rights of parents and infants harmed as the result of obstetrician malpractice. Consult with a lawyer to learn more about your legal rights, as well as for assistance with pursuing legal claims against negligent obstetricians.
