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Birth Injuries: When Can Medical Professionals Be Held Accountable for Medical Malpractice?


Birth injury cases can give rise to a malpractice lawsuit if a medical professional’s negligence leads to a baby sustaining injuries before, during, or after delivery. Sometimes, the mother could suffer injuries. Birth injuries could have been prevented if medical experts offer timely and appropriate care to both the mother and child. Those affected by medical errors that result in a birth injury may be entitled to compensation. With the help of a medical malpractice attorney, they can file a lawsuit to recover damages such as medical expenses, lost income, and pain and suffering. 

Medical Malpractice and Birth Injuries

Medical practice happens when a medical professional or hospital fails to follow accepted care standards and harms a patient. Medical experts should give high-quality medical care during pregnancy and childbirth. Also, they must navigate various complications as well as provide timely and appropriate medical treatment to either mother or baby. 

Should a mother or child sustain injuries before or during childbirth because of a medical error, the error could be considered medical negligence. Medical errors in this case can lead to life-long harm to the mother or child. The medical experts could be responsible for medical malpractice. 

How Birth Injuries are Sustained Due to Medical Malpractice

Medical malpractice can lead to birth injuries in various ways such as the following:

  • Not accurately evaluating and responding to a mother’s risk factors. If a doctor does not assess and respond to the mother’s condition that could result in birth complications, they could face a medical malpractice lawsuit. They may fail to diagnose or misdiagnose a pregnancy disorder, recognize possible issues, or evaluate the overall health of both mother and fetus in the womb.
  • Administering wrong medications or dosage. Birth injuries can result from medication errors. Medical experts must be aware of the medications that a mother is taking and monitor them for possible side effects. Otherwise, they could be held accountable for medical malpractice. 
  • Not monitoring or responding to fetal stress symptoms. Sometimes, physicians make mistakes when they interpret ultrasound results before birth or fail to see signs of fetal stress. Often, fetal stress signs require an immediate response. If a doctor notices signs of this condition, they must take steps to prevent an injury such as doing an emergent delivery. While the doctor may not the stress, they have the obligation to detect it and take action to prevent injuries or minimize their seriousness. 

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