When Birth Injuries Are Caused by Medical Malpractice

 Posted on September 21,2020 in Birth Injury

Giving birth should be one of the most cherished moments of a person’s entire life. Sadly, many mothers throughout the United States have unexpected complications during pregnancy or birth that result in death or injury to the baby or the mother herself. While some of these incidents are unavoidable, others are caused by negligence on the part of the medical staff interacting with the patient. Medical malpractice occurs when a patient is injured or otherwise harmed by a medical professional who fails to perform his or her medical duties proficiently.

When Is a Medical Professional Guilty of Malpractice?

In order to prove that medical malpractice occurred, several conditions must be met. First, an established “doctor-patient” relationship must exist between the individuals in question. For example, a person cannot sue a nurse for medical advice that he or she gave casually outside of work just because that person is a nurse.
Next, the medical professional must have been negligent. Put another way, in order for an action to be considered malpractice, the doctor must have caused harm in a way that any other capable doctor would not have. A medical professional’s care is required to be consistent with “the same degree of knowledge, skill, and ability as an ordinarily careful professional would exercise under similar circumstances” and compliant with the prevailing standard of care. If it can be shown that a doctor, nurse, or other medical professional was not exhibiting this obligatory level of care, he or she may be considered negligent.
Finally, in order for a medical malpractice claim to be valid, the medical professional’s negligence had to cause some type of injury that led to damages. Damages can include medical expenses, physical pain, mental anguish, future medical expenses, decreased earning capacity, and lost wages.

Birth-Related Medical Malpractice

Birth-related medical malpractice can result in injury to the mother or child, wrongful pregnancy, or wrongful birth. Sometimes a doctor or other medical professional’s negligence causes injuries to the mother or infant during birth. Failing to stem excessive blood loss by the mother after the delivery and failing to properly track the baby’s oxygen levels, both pre-delivery and post-delivery, are two examples of negligent behavior that could cause serious damage. Another example of negligence occurs when a doctor ignores a mother’s hypertension prior to delivery. High blood pressure is a symptom of a very serious condition called preeclampsia, which can cause seizures in women giving birth.
Medical malpractice suits can also be brought as a response to wrongful pregnancy and wrongful birth. Parents may sue for wrongful pregnancy if they attempted to avoid pregnancy but became pregnant anyway due to medical staff negligence. Wrongful birth refers to instances when a medical professional fails to warn parents about the child’s expected birth defects, and the parents would have avoided or terminated the pregnancy had they known.

Contact an Illinois Birth Injury Attorney

If you or your child has been injured as a result of medical negligence during childbirth, contact an experienced Chicago birth injury lawyer at the Birth Injury Law Alliance. We will help you understand your available options and work with you in getting the compensation to which the law says you are entitled. Call our office today at 312-462-4200 to arrange a free consultation.

Sources:
https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/105.00.pdf
https://www.natlawreview.com/article/illinois-appellate-court-allows-recovery-extraordinary-expenses-wrongful-pregnancy-a
https://www.isba.org/ibj/2011/07/lawpulse/supremecourtokaysemotionaldistressc
https://www.preeclampsia.org/health-information/about-preeclampsia