Pregnancy and childbirth have their ups and downs, including the joy of welcoming a baby into the world mixed with complicated emotions about the stresses of becoming a parent. Pregnancy can be wonderful. It is also the time in a woman’s life when she is most vulnerable. The one person you should be able to trust during the pregnancy rollercoaster is your doctor. However, when a physician provides substandard medical care to a pregnant woman, both the mother and child can suffer.
At the Law Office of Kelley J. Johnson, our birth injury maternal negligence team can help you manage the emotional and financial challenges associated with birth injuries caused by medical errors and careless practitioners. Our highly individualized practice focuses only on medical malpractice cases. That means we have the unique knowledge and resources to pursue maximum compensation and hold negligent medical providers accountable for their actions when they’ve harmed you.
If you believe medical negligence in maternity care caused your or your baby’s injuries, discuss your situation with our team today. Contact our Indiana firm to arrange a free consultation with a compassionate attorney who understands your struggles.
What Is Maternity Care Negligence?
A maternity negligence claim is a specific type of medical malpractice case that someone may bring after a healthcare provider or physician fails to uphold the accepted standard of medical care during their pregnancy, labor, or delivery.
Childbirth is complex and can quickly become complicated when the mother or baby is in distress. However, there is a significant difference between unavoidable complications and preventable negligence. It helps to think of preventable negligence this way: would a similarly trained medical professional provide the same level of care under similar conditions? When the answer is no, preventable negligence might have occurred, and you may have legal grounds to file a medical malpractice claim.
One example of potential medical negligence involves preeclampsia. Preeclampsia is significantly high blood pressure during pregnancy. It can cause disastrous medical complications for the mother and baby. Even though this condition is a potentially unavoidable pregnancy complication, a physician’s failure to properly diagnose or treat preeclampsia may be maternity care negligence that leads to preventable birth injuries.
Common Birth Injuries Caused by Maternity Care Negligence
Birth injury and maternity care negligence can affect both mother and child. When a medical professional provides substandard maternity care, the medical complications can be disastrous for the woman and her infant.
Some of the most common birth injuries caused by maternity care negligence to infants include:
- Cerebral Palsy
- Brachial Plexus Injuries (Erb’s palsy)
- Hypoxic-Ischemic Encephalopathy (HIE)
- Skull Fractures
- Brain Hemorrhages
- Brain Damage
These serious birth injuries can lead to life-long physical, mental, and emotional disabilities, affecting a child’s overall quality of life and ability to live and work independently.
Women are also at risk of suffering traumatic injuries caused by maternal care negligence, such as:
- Hemorrhage or excessive bleeding due to poor monitoring of the mother’s vital signs
- Infections from unsanitary conditions or failure to diagnose
- Uterine rupture or cesarean section errors leading to severe complications
These childbirth complications can lead to fertility loss and may potentially be fatal when not adequately addressed.
Causes of Maternity Care Negligence
How does substandard maternal medical care lead to birth injury negligence? Numerous situations of poor maternal care can lead to life-altering injuries for a pregnant woman and her child.
Some of the most common causes of maternity care negligence that occur while a woman is pregnant include the following:
- Failure to diagnose and treat maternal conditions, such as gestational diabetes
- Inadequate fetal monitoring for distress or abnormalities
- Misdiagnosis or failure to identify high-risk pregnancies
Maternal negligence can also occur during labor and delivery and may include:
- Delay in performing an emergency C-section
- Improper use of delivery instruments (forceps, vacuum extraction)
- Failure to monitor fetal distress
- Failure to monitor the mother’s condition
- Medical errors
Unfortunately, pregnancy, labor, and delivery are not the only areas of the childbirth experience where substandard medical care can lead to disastrous consequences. Postnatal negligence can also lead to birth injuries that may impact a child for the rest of its life.
Postnatal negligence may involve:
- Mismanagement of jaundice or breathing difficulties
- Delayed diagnosis of birth injuries leading to worsening conditions
- Unnecessary prolonged labor
- Medication errors
- Mistakes during the delivery process, such as completing a breech birth or causing shoulder dystocia
- Failing to monitor for signs of fetal distress, which can result in oxygen deprivation and permanent brain damage
- Handling an infant too roughly
- Failure to provide proper neonatal care after birth
- Failure to diagnose postnatal conditions
Substandard medical care during pregnancy, delivery, labor, and during the postnatal stage can cause a ripple effect through families, creating physical and financial hardships for years to come.
Financial Compensation for Birth Injury Victims
Women injured due to maternity negligence can pursue financial compensation for their injuries and financial losses. A compassionate birth injury lawyer can help your family pursue the resources you need to protect yourselves and your child.
An attorney can review your situation, explain your legal rights, and calculate the fair value of your case. Although the value of a birth injury claim varies, most people pursue money for the following:
- Medical expenses (past, present, and future treatment)
- Rehabilitation and therapy costs (physical therapy, special education, etc.)
- Pain and suffering for both the child and the parents
- Lifelong care and disability costs (home modifications, specialized care, etc.)
Before you accept a settlement from an insurer or another party, review your options with a skilled birth injury attorney. Sometimes, a birth injury lawsuit gives you the best chance at recovering maximum compensation.
How a Birth Injury and Maternity Negligence Lawyer Can Help You
Medical negligence birth injuries can turn a happy moment for families into heartbreak in an instant. Our sensitive birth injury and maternal negligence team at the Law Office of Kelley J. Johnson can help you hold careless practitioners accountable, pursuing fair compensation and justice. We exclusively focus on medical malpractice cases, giving us a uniquely deep insight into pursuing claims against healthcare providers.
Contact our office today and arrange a free legal consultation to discuss the details of your situation and learn more about your legal options for protecting your family.