When a Medical Error Causes Injury During Birth, Is It Malpractice?

June 01, 2018
NJ Birth Injury Attorney

The birth of a baby is one of the most exciting moments in many parents’ lives. However, due to the fact that childbirth is often such a medically stressful time both for the baby and the mother, it is not uncommon for complications to occur during birth. These complications can also lead to a number of costly mistakes made by doctors and other medical staff that could cause serious harm to mother and child. When medical errors cause injuries during childbirth this may be considered medical malpractice.

Medical malpractice occurs when medical staff fails to provide the same standard of care a reasonable practitioner would have used in the same situation, and therefore injury or harm is the result. While not every mistake results in an injury, those that do should be scrutinized carefully to determine whether the standard of care was met.

Birth Injuries and Medical Malpractice

Common types of birth injuries that may lead to a medical malpractice lawsuit include:

  • Injuries caused by failing to monitor the baby’s or mother’s vital signs during delivery, like a heartbeat, oxygen intake, and blood pressure.
  • Injuries caused by failing to control maternal blood loss after delivery.

If the mother is injured during or after delivery, the mother can bring a claim for medical malpractice on her own behalf. For an infant injured during delivery, however, the infant’s parent or parents must bring the claim on the child’s behalf.

In order to collect compensation for a medical malpractice claim, the person filing the claim will have to show that the defendants’ failure to meet the standard of care caused significant injuries and that the types of injuries sustained are those that courts will provide compensation for. Common types of damages in medical malpractice claims include:

  • Compensation for medical bills related to the injury
  • Compensation for lost time from work during recovery
  • Compensation for future medical costs, like rehabilitation or ongoing care
  • Pain and suffering

Contact Birth Injuries Lawyer At Baldwin Matzus Today

At Baldwin Matzus, we’ve been fighting for the injured for over 20 years. If you need help after an injury, call us today at (866) 858-2276 for a free and confidential consultation. Or use our online contact form to get started on your case today.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.


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