When you have a baby, it should be one of the most touching and exciting times in your life. Unfortunately, there are some incidents that can happen that can dampen this experience. Other incidents are downright tragic. If you feel that the action taken, or not taken, by the medical staff where you gave birth, you may be entitled to legal damages through a medical malpractice suit. The following are different forms of birth-related medical malpractice:
Any injuries sustained by the mother or the child due to the actions or negligence of the medical staff is one form of birth-related malpractice. An example of a birthing injury is if the mother begins to bleed profusely after the birth, causing her to lose consciousness. If left unattended to or attended to improperly, the mother can suffer long-lasting effects. She could suffer from shock, have a stroke, or even suffer from brain damage. A baby that is deprived of oxygen for a prolonged period could also suffer from serious side effects if the oxygen levels are not carefully monitored. This is another form of birthing injury.
Emotional injury can also be brought in a medical malpractice lawsuit. Because a birth that goes wrong can be very emotionally taxing to the parents and their family, the family may be able to receive financial damages for the experience. Time a newborn has to spend in a critical care unit due to birth injury or neglect and the emotional stress that comes along with it can warrant an emotional injury case.
A wrongful birth is defined as when the medical staff did not notify the parents of a baby with a medical issue that would prevent the child from living a healthy life. In some cases, these medical issues in children are more than they can deal with and choose to abort the pregnancy. A wrongful birth case can be brought against a doctor or other medical staff if they do not let the parents know about the child's condition if or until it is too late to end the pregnancy. In winning cases, the parents can recoup the costs of medical expenses, emotional distress damages, and even money to provide for the child's medical needs as it grows up.
A birth malpractice lawsuit can be somewhat complex. It can also be very emotionally taxing process. Be certain that you have hired a medical malpractice attorney who has experience in this area of the law in order to get reasonable damages for your injuries and emotional distress. For more information, contact Todd East Attorney at Law or a similar legal professional.