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Medical Malpractice Lawsuits From Birth-Related Negligence



When it comes to pregnancy and delivery, medical malpractice can occur whenever a doctor, nurse, hospital or other medical professional acts in a negligent manner and fails to use the reasonable standard of care in providing services to a maternal and/or infant patient. That medical malpractice can manifest in one of four ways, including:

  • Injury to the infant or the mother during pregnancy
  • Injury to the infant or the mother during delivery
  • Wrongful delivery or birth when the parents would have otherwise ended the pregnancy or avoided it if they were educated of the birth defects at issue
  • or

  • Wrongful pregnancy when parents tried to avoid a pregnancy unsuccessfully or end a pregnancy unsuccessfully.

Specific Birth Injuries That Can Occur In Mothers And/Or Infants

It might be infrequent or even rare, but there are times when a doctor, nurse or medical professional’s malpractice can cause injury prior to the delivery or during the birth of a baby to the mother, infant or even to both parties. For example, a new mom can sue for medical malpractice if a doctor’s negligent conduct caused her to be injured or harmed before or during the birthing process.

Birth-related injuries can happen if a medical professional negligently fails to control excessive blood loss in a mother after delivery. They can also occur when a doctor does not properly monitor a new mother’s blood pressure prior to delivery, it escalates to dangerous levels and pre-eclampsia and the mother has a seizure during birth. If she suffers injuries from the seizure, she can then sue. Another illustration of a potential birth-related injury occurs when a medical professional fails to monitor an infant’s intake of oxygen before and after delivery.

Who Can Sue For Medical Malpractice For Birth-Related Injuries

If a baby is injured, that infant’s parents are the parties who actually file the lawsuit. The parents file medical malpractice suits as plaintiff guardians, standing in the shoes of the infant, and are permitted to seek damages.

These damages can include general and special damages for the injury caused by another’s negligent conduct in providing medical care. General damages are comprised of suffering costs, mental pain and suffering, physical pain and suffering and loss of life’s enjoyment. Parents are also permitted to sue for the pain and suffering they emotionally bear because their infant is injured by the medical malpractice of another.

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