Filing a Claim for Medical Negligence During the Birth Process

While childbirth is a joyous occasion, it is also a time of extreme vulnerability for families placing their trust in the expertise and care of medical professionals. While new parents hope that the birth process goes smoothly, sometimes health care providers fail to deliver adequate care, which can cause lifelong problems for the mother and child. Understanding what constitutes medical negligence is essential for mothers who suffer from complications during the birth process and wish to file a claim.

What Is Medical Negligence?

Medical negligence occurs when a health care provider deviates from the medical standard of care, neglecting their duty to act promptly and appropriately in difficult situations to ensure the safety of the patient(s). Some common birth injuries due to medical negligence include:

• Hypoxia (lack of oxygen to the brain).
• Cerebral palsy.
• Fractured or broken bones.
• Spinal cord injuries.
• Brachial plexus injuries.

Building a Birth Injury Claim

When proving medical malpractice for a birth injury claim, there are four elements that you are required to prove:

• Duty: You established a doctor-client relationship, meaning that the doctor had a duty to provide you with the accepted standard of medical care.
• Breach of duty: Your health care provider failed to meet the medical standard of care, breaching their duty.
• Causation: You or your child suffered injuries directly due to the health care provider’s negligence or misconduct.
• Damages: You or your child sustained compensable damages due to the injuries.

Most importantly, your claim should have evidence proving that the doctor violated the standard of care and, as a result, hurt you or your child during the pregnancy or birthing process.

Compiling Evidence

An essential element in proving medical malpractice is expert testimony. This will establish the baseline standard of care and explain to the court how your health care provider failed to meet it.

Medical records, such as labor and delivery records, the baby’s medical chart, and genetic records, are also critical evidence. Swiftly obtaining these records is essential, as they document your health care provider’s actions throughout the birthing process. An analysis of these records can show where things went wrong and help you build a convincing legal case.

While medical records and expert testimony provide technical evidence for your case, you should also gather witness accounts from individuals present in the delivery room. These testimonies can corroborate your story and provide context for the injury.

Contact Us To File a Birth Injury Claim Based on Medical Negligence

The effects of medical negligence could have severe long-term impacts on both mother and child, and no family should have to pay for an injury caused by their health care provider’s negligence. If you think you may have a claim, contact our attorneys at Fleschner, Stark, Tanoos & Newlin to schedule a free consultation.