Birth-related medical malpractice
happens when a health care provider's negligence causes injury,
death, or another critical, undesirable state related to pregnancy or
childbirth. The three main categories of birth-related medical
malpractice cases are birth injuries, wrongful birth, and wrongful
pregnancy.
Birth Injuries
When most people think of birth-related
medical malpractice cases, they first think of cases that involve
injuries to the mother or child before or during birth. Many
different types of injuries can qualify as birth injuries, but not
every case where there is an injury involves medical malpractice.
Malpractice occurs when a health care
provider fails to do something another provider in similar
circumstances would reasonably think to do or when the provider does
something that goes against what a similar provider in similar
circumstances would do.
Injuries to the Child
Many birth-related medical malpractice
cases involve injuries the infant sustained during pregnancy, labor,
or delivery. Common injuries in these cases include brain injuries,
fractures, spinal cord injuries, nerve damage, and internal organ
damage.
Parents can bring a medical malpractice
lawsuit to cover the medical expenses associated with the child's
delivery and subsequent care, as well as money to cover future
anticipated medical expenses related to the birth injury.
In some cases, parents can recover
additional damages to make up for their lost wages if they had to
take time off work to care for the injured child and to cover their
emotional pain and suffering.
Injuries to the Mother
Some birth-related malpractice claims
arise due to injuries the mother sustained. In many of these cases,
the baby did not suffer injuries, though some cases involve injuries
to both the mother and the child.
A mother may have a malpractice claim
if she sustains an illness or injury due to a condition her prenatal
health care provider should have known about but failed to treat.
Other injuries to the mother arise from improper care before or
during childbirth.
Wrongful Death
If the mother or child dies due to a
health care provider's negligence during pregnancy or childbirth, a
surviving spouse or other family member may be able to bring a
medical malpractice wrongful death lawsuit.
Damages awarded from wrongful death
claims may cover medical bills from the deceased family member,
funeral and burial or cremation expenses, and emotional pain and
suffering.
Wrongful Birth
Wrongful birth claims fall under the
medical malpractice umbrella. These claims arise when a doctor fails
to obtain or disclose information regarding a child's birth defects.
Most states allow parents to bring a wrongful birth lawsuit if the
child is born with birth defects that would have caused the parents
to terminate the pregnancy if they had known about them.
Most wrongful birth lawsuits claim the
health care provider responsible for the mother's prenatal care
should have tested for or detected the impairments and informed the
parents. Damages in wrongful birth lawsuits often include enough
money to cover the costs of the child's disability or issue, such as
medical care, therapies, and assistive devices.
Wrongful Pregnancy
Unlike the other two general categories
of birth-related medical malpractice claims, wrongful pregnancy cases
usually involve a child who was born healthy. If one or both parents
thought they were preventing pregnancy because they were medically
sterilized and the mother got pregnant anyway, they may have a valid
claim.
In most wrongful pregnancy cases, the
parents can't receive money to cover the costs of raising a healthy
child from an unwanted pregnancy. They can typically only recover
damages to cover medical expenses associated with the pregnancy and
birth and lost wages from time off work during the pregnancy and the
birth recovery period.
If you believe you may have a medical
malpractice claim, it's best to consult with an experienced attorney
who knows the laws and can help you present your case well.
The legal team at the Law Offices of
Janice Maloney represents medical malpractice and personal injury
clients in the greater Behr County, Texas area, including San
Antonio. If you or your child has suffered a birth injury, wrongful
birth, or a wrongful pregnancy due to a medical provider's
negligence, contact
us
today to schedule an appointment to discuss your case.
