Medical Malpractice in Prenatal and Delivery Care: Know Your Rights as a Parent

The journey from pregnancy to delivery is a critical time for both mother and baby. The care received during these stages can greatly influence outcomes, and parents trust medical professionals to provide competent and careful treatment.

Unfortunately, when medical errors occur, they can lead to life-altering injuries for both the baby and the mother. In fact, in the United States, there are approximately 67 malpractice claims filed for every 100,000 deliveries, with about 13 of those claims resulting in compensation. Obstetrics malpractice lawsuits make up 15.4% to 18.1% of all medical malpractice cases, with around 17,000 claims filed annually.

Common Types of Injuries from Prenatal and Delivery Medical Malpractice

Medical professionals who fail to provide proper care during pregnancy or delivery can result in serious injuries that affect both the mother and the baby. Here are some of the most common injuries linked to prenatal and delivery malpractice:

• Cerebral palsy can happen when a baby doesn’t get enough oxygen during labor or delivery. This often occurs if there’s a delay in performing a C-section or if delivery tools are used incorrectly. Without enough oxygen, the baby’s brain can be affected, leading to long-term problems with movement and thinking.
• Erb’s palsy happens when the nerves in a baby’s upper arm are damaged, usually because too much force is used during delivery. This is common when the baby’s shoulder gets stuck (shoulder dystocia) and the doctor handles it improperly, causing nerve damage.
• Fractures, like broken collarbones, can occur if the baby is mishandled during delivery. In difficult deliveries, like breech births, using improper techniques or tools like forceps can cause broken bones. While some fractures heal, they can sometimes lead to longer-term problems.
• Uterine rupture is a serious issue where the uterus tears during labor. If not addressed right away, it can be life-threatening for both the mother and baby. This often happens due to poor monitoring or the failure to perform a C-section in time.
• Hypoxia is when the baby’s brain doesn’t get enough oxygen, which can lead to brain damage, developmental delays, or other permanent issues. This can happen if medical staff miss the signs of fetal distress during labor.
• Maternal hemorrhage is when a mother experiences severe bleeding during or after delivery. If doctors fail to monitor or respond to complications, like a placental abruption, it can result in dangerous blood loss, putting the mother’s life at risk.

What Are Your Rights as a Parent?

If your child has suffered an injury due to medical negligence during pregnancy or delivery, it’s important to know that you have rights as a parent. Below are some key rights parents have in medical malpractice cases:

The Right to Information

You have the right to know exactly what happened during your pregnancy or delivery. This means you can ask for medical records, test results, and an explanation from your doctors or nurses about what went wrong.

The Right to Seek Legal Help

As a parent, you have the right to hire a birth injury lawyer in Baltimore to investigate the situation. A lawyer can:

• Build a strong case
• Represent you in court
• Investigate the incident
• Negotiate a fair settlement
• Handle communication with insurance companies

The Right to Compensation

If your child was hurt because of medical negligence, you might be able to get financial compensation. This can help cover: medical bills, therapy, and other expenses related to your child’s injury.

The Right to Hold Healthcare Providers Accountable

You have the right to hold doctors, nurses, and hospitals accountable for mistakes that led to your child’s injury. Filing a malpractice claim can bring attention to the issue and potentially prevent similar incidents from happening to others.

The Right to Make Decisions for Your Child’s Care

As a parent, you are entitled to make informed decisions about your child’s medical treatment moving forward. This means understanding all the options available and having a say in how your child’s condition is managed.

Conclusion

Medical malpractice in prenatal and delivery care is a serious issue, and as a parent, you have the right to seek justice if negligence causes harm. The safety of both mother and child depends on competent care, and when that care falls short, taking legal action is the right step.

Don’t hesitate to consult a medical malpractice lawyer if you suspect something went wrong during your pregnancy or delivery. Your family’s future may depend on it.