Birth Injuries: When Can You Sue For Medical Malpractice?

Having a baby should be a wonderful experience. Sadly, accidents can occur during the birth that can have tragic results. If the injuries are due to an error or negligence of your physician or other medical staff, you may be able to recoup some of your damages with a medical malpractice lawsuit. There are different types of lawsuits that fall under this category, including the following.

Birth Injuries

The most common form of birth medical malpractice is injury not only to the baby, but to the mother as well. Some birth injuries cause the mother to bleed profusely during and after the birth. This can cause the mother to lose consciousness or go into shock, which can have lasting impacts. A baby can suffer dangerous injury or death if it is without oxygen for a long period of time. This can happen especially in cases where the child's vital signs were not monitored correctly.

Emotional Injury

In addition, you may also file for damages due to emotional injury. What should be the happiest day of your life can turn completely upside down in a moment of negligence by your medical provider. This is an ideal reason to file a lawsuit for emotional injury. If you had to spend months away from your baby because one or both of you were critically injured during the birthing process caused by medical malpractice, you can recoup damages for your mental distress.

Wrongful Birth

You can also sue for wrongful birth. While this is not as common as other forms of medical malpractice, it can happen if a medical provider did not inform the mother of a life-altering condition of the child that would prevent it from being able to live what is considered a normal, healthy life. A mother has a right to be aware of any and all issues with the child while it is in utero, including any conditions and the prognosis of said condition. This allows the mother to make decisions about the pregnancy. If the mother is not made aware of the condition and would have chosen not to have the baby and she can prove the medical staff knew about the medical condition prior to birth, she may able to sue for wrongful birth. The money from the lawsuit can then be used to care for the medical needs of the child after birth. You can also sue for emotional distress within this claim as well.

To learn more, contact a medical malpractice lawyer.

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