Medical Negligence During Childbirth: Know Your Rights
Every parent hopes to welcome a healthy baby into the world, but if medical negligence happens during childbirth, that hope can quickly turn to fear and uncertainty. Birth injuries can have lasting effects on both the baby and family. If you suspect a healthcare provider’s mistake caused harm to your newborn, you could have a case for birth injury malpractice. Understanding what constitutes medical malpractice and knowing your rights is the first step toward pursuing compensation and protecting your child’s future.
What Constitutes Medical Negligence During Childbirth?
Healthcare providers must meet established medical standards throughout the birthing process. When medical professionals fall short of these standards, resulting in harm to the mother or baby, medical negligence may have occurred. Examples of medical negligence during childbirth include:
Failure to Monitor Fetal Distress
One of the most critical responsibilities during labor involves continuous monitoring of the baby’s heart rate and oxygen levels. Medical teams must recognize warning signs like abnormal heart rate patterns, decreased fetal movement, or concerning changes in monitoring strips. When healthcare providers fail to identify fetal distress or maternal health risks that could delay appropriate interventions, the consequences can be devastating.
Improper Use of Medical Equipment
Labor and delivery units rely on sophisticated medical equipment from fetal monitors to vacuum extractors and forceps. Healthcare providers must have proper training and understand how to use these tools, because misuse of delivery tools can cause brain injuries, nerve damage, fractures, or internal trauma to both mother and child.
Delayed or Unnecessary C-Sections
In emergency deliveries, every second counts. Medical teams must act quickly when determining if a C-section is necessary to protect the health and safety of both the mother and baby. On the other hand, performing C-sections without valid medical necessity can lead to both immediate and long-term health problems.
Medication Errors
Labor involves careful management of pain medications, labor-inducing drugs, and other necessary medication. Incorrect dosages, improper timing, or failure to consider drug interactions can lead to serious complications like respiratory distress, cardiac problems, or adverse reactions.
Inadequate Prenatal Care
Gaps in prenatal care frequently contribute to cases of medical negligence. Expectant mothers rely on consistent checkups, screenings, and monitoring to identify and address potential complications early. Yet, according to the CDC nearly 1 in 5 women reported experiencing mistreatment during maternity care in 2023, highlighting ongoing gaps in the quality and reliability of prenatal services.
Common Birth Injuries Linked to Medical Negligence
Some of the most frequent injuries resulting from medical negligence during childbirth include:
- Cerebral Palsy⎯Often caused by oxygen deprivation during labor, which can result from delayed or improper interventions.
- Brachial Plexus Injuries⎯Nerve damage in the shoulder and arm caused by excessive force during delivery.
- Fractures⎯Broken bones, usually the collarbone can happen when maneuvers to assist delivery are performed improperly.
- Brain Injuries⎯Trauma to the infant’s brain can result from medical errors like mishandling forceps or vacuum extraction.
- Hypoxic-Ischemic Encephalopathy⎯HIE is a serious condition that happens when a baby’s brain doesn’t get enough oxygen which can occur if labor isn’t managed properly or a C-section is delayed.
- Internal Organ Damage⎯This is rare, but severe injuries may occur from improper surgical procedures during delivery.
- Damage to the Spinal Cord⎯A spinal cord injury during birth can happen due to excessive force, improper handling, or complications with labor. This type of injury can result in partial or complete paralysis, loss of sensation, or long-term mobility issues.
- Intracranial Hemorrhages⎯Intracranial hemorrhages, as known as neonatal brain bleeds happens when blood vessels in the brain rupture, ranging from minor to severe. Assisted delivery methods like vacuum or forceps can increase the risk of this.
Know Your Rights
If you believe medical negligence contributed to an injury during childbirth, it’s important to understand your rights.
- Right to Compensation⎯You may be entitled to financial compensation for medical expenses, ongoing care, pain and suffering, and loss of income.
- Right to Information⎯You have the right to access your medical records and request detailed information about the care provided when you were giving birthing, and during your prenatal care.
- Right to Legal Action⎯Pursuing a medical malpractice claim ensures that the negligent party is held responsible. This can include the doctor, surgeon, anesthesiologist, nurse, hospital, medical facility, and any other professional involved.
Don’t Wait—Consult With a Medical Malpractice Lawyer Right Away
Medical negligence during childbirth can have life-long trauma and injuries. If you have suffered medical negligence, Postman Law works with anyone, nationwide to help get you the settlement you deserve. Contact or call Postman Law today for a free consultation. We’ll review your case, explain your options, and fight for the compensation you deserve. Medical malpractice claims have filing deadlines that differ from state to state, so it’s important to act quickly and speak with one of our attorneys today.
Celebrating Our First Pitch at the MN Twins Opening
In 2003, armed only with ambition and a U-Haul, I and a few fellow Michigan grads rolled into the Twin Cities to start our law school journey at the U. Our first memorable stop? The iconic H.H.H. Metrodome.
Comparative Fault Explained
When you’re injured in an accident—whether it’s a car crash on the Dan Ryan Expressway in Chicago or a slip-and-fall incident at a neighborhood grocery store—one of the first questions that comes up is: “Who’s at fault?” In Illinois, answering this question often involves comparative fault (also called comparative negligence).
Postman and Roden Law File Wrongful Death Suit against Lil Durk
Today, Postman Law and Roden Law filed a wrongful death lawsuit in Cook County on behalf of the family of Saviay’a Robinson. The suit targets those responsible for the tragic death of Robinson in Los Angeles.