Delivery of a healthy baby is the hope and joy of every parent. While pregnancy and birth are essentially naturally occurring processes, they are normally far from risk-free. Obstetricians, gynecologists and midwives therefore have the responsibility to see to a successful birth by diagnosing, recognizing and managing any risks prevailing during pregnancy through birth.
In the unfortunate event that the level of care that an expectant mother receives from her caregivers fall short of the required standard, she and her partner are eligible for compensation as long as there is proof of care mismanagement. The available legal options may include the following:
File a birth issues negligence claim
Regular midwife appointments during pregnancy are supposed to detect any complications with the baby such as gestational diabetes and preeclampsia. There are established guidelines that outline the process for screening for any fetal infections, abnormalities and other clinical conditions. The guidelines also prescribe the steps necessary in case of fetal growth outside normal ranges.
If there is evidence that your care professional(s) ignored or did these procedures improperly, causing any form of harm to mother or baby or both, a legal claim can lead to compensation.
With proper legal advice, you can file an obstetrics claim as an affected parent where there is evidence of on obstetrics injury suffered during pregnancy or childbirth.
To build a solid claim, a medical negligence solicitor must investigate the case to find proof that indeed the injury was the direct result of negligence of the medical practitioner. There must also be proof that the injury was preventable under the circumstances.
Midwife negligence claims
Another form of claim that can lead to compensation is midwife negligence claim. If you feel that you or your newborn or both have suffered injuries as a direct result of your midwife’s actions, a medical negligence solicitor can help you win compensation. The solicitor must be able establish that the injuries resulted from medical negligence and midwife error during pregnancy, labor and birth, or after the birth.
Birth injury claims
Delivery of a baby can be a delicate process, and it is the duty of your midwife, obstetricians and/or gynecologist to ensure its smoothness.
In case these professionals fail to manage the process properly, there can be injury to either the baby, the mother, or both. While some of these injuries are unavoidable, the right steps can mitigate the risks, leading to successful birth. However, there have been a number of cases where medical professionals fail to provide the right care leading to the occurrence of the following types of birth injury:
- Injuries to the mother
- Brain injuries
- Cerebral Palsy
- Shoulder dystocia or brachial plexus injury
- Fractured or broken bones
- Asphyxia at birth
Monitoring the vital signs of a baby prior to deliver can prevent Asphyxia at birth, often by conducting an emergency C-section before oxygen deprivation occurs. In case of apparent mismanagement of this process, a lawyer for injury from a delayed C-section can help you build a successful case that leads to compensation.
Following a successful medical negligence solicitor investigation of any care mismanagement claim, you can build a strong case against the hospital responsible and receive compensation. Such compensation can be particularly helpful in easing the financial burden of providing the needed medical care for an affected child.