Giving Birth and Medical Malpractice

Even in our days the simplest medical procedures can be prone to risks, but we have managed to perfect our tools and techniques so that these risks are reduced to a minimum. In this article we are going to discuss medical malpractice in relation to birth-giving, and see what the things we might be facing are. It is easy to blame the doctors and hospitals, but we just have to admit they are prone to error, just like us; the main difference is that this situation is one to which people are very sensitive, because anything related to children is a delicate matter in our society.

  • Injury to mother or child

Medical negligence can take many forms when it comes to giving birth; most commonly, it refers to injury occurring to the mother or child either before, during or after childbirth. An example is the improper use of the suction cup or the forceps, which can deform the child’s head, leaving him with trauma for life. Medical negligence can also occur if the physician fails to control maternal blood-loss after delivery, or the baby’s oxygen intake, both before and after the delivery. In some cases, the parents can even sue for wrongful birth, by claiming the physician failed to let them know their baby will be born with malformations, genetic disorders or other diseases that prevent it from ever having a normal life.

  • Reactions to medical malpractice

When the child suffers from malpractice, it is up to the parents to represent it and sue the physician or institution in charge. As guardians of the infant, the parents can ask for general or special damages, which refer to mental and physical pain, the troubling of the quality of life, and so on. It is understandable that a physician can take the wrong decision under stress, but it is also right for the patients to receive the right compensation. And when a child’s life is involved, the delicacy of the matter makes things even more complicated; for example, if the physician decides the premature delivery of a baby for various reasons but the baby suffers brain damage in the process, the parents should have the right to compensation for all their medical expenses, for the future developmental needs of their child, and for the mental suffering all of them will suffer from then on.

  • Find the right help

The most important thing when claiming for negligence is to get the right solicitor; thus, there are law firms which specialize in medical malpractice cases, and you can even find a solicitor who knows everything there is to know about birth-related malpractice and has experience with this. Whether you want to sue for yourselves as parents, for your child or both, your solicitor will show you all the right steps in this direction. In fact, in most cases, medical negligence attorneys advise the parents to sue in the child’s name, but if something truly horrible has happened, and the parents have also had to suffer, the case can be filed for the entire family. Medical negligence attorneys are also those who recommend a second doctor to take medical proof of damage and injury, deal with the paperwork, and with preparing their clients mentally for the stress of trial. If you want to learn about the proper way of dealing with medical negligence, visit On that website, you will find all the relevant information related to medical malpractice, including useful advice on how to file a negligence claim.

Summer Brownstein