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What Birth Injuries can be Claimed Under Medical Malpractice

Posted on July 18, 2016

Birth-related medical malpractice occurs when a medical professional’s negligence leads to injury of the mother or child or wrongful birth. Each of these has different rules for the injuries that can be claimed and recovered.

Birth injuries

Unfortunately, sometimes a doctor’s negligence causes the mother or the infant to be injured prior to or during the birth of the baby. The following are the most common reasons the mother or baby gets injured:

  • negligently failing to control excessive maternal blood loss post-delivery,
  • negligently failing to monitor the baby’s oxygen intake pre-and-post-delivery

medical malpracticeIf the infant is injured before or during birth, the parents are responsible for filing the lawsuit on behalf of the infant to collect damages. The most common damages include the cost of suffering, such as mental and physical pain and suffering, and loss of enjoyment of life.

If the mother is injured the mother can file the claim if the doctor’s carelessness caused her an injury before or during childbirth. Most common example of carelessness is if the doctor fails to note the mother’s high blood pressure prior to delivery, a sign of a condition known as preeclampsia, leading the mother to have a seizure during delivery. The mother can claim damages caused by any injury the doctor’s negligence may have caused her.

Wrongful birth

In a wrongful birth lawsuit, the parents claim that the doctor should have warned them about their child’s impending birth defects because they would have terminated the pregnancy if they had known. The damages the parents may collect in these cases include include the costs needed to treat the child’s disorder, such as medical expenses and educational therapy. The parents may also be able to recover damages for the emotional pain and suffering associated with the birth and raising the child.

hiring a medical malpractice lawyer

If you would like to speak to a lawyer regarding a birth injury or wrongful birth, contact us here.