When this is the case, it may result in injuries to the child or mother during the pregnancy or birthing. Possible malpractice claims also can arise from wrongful births, which occur when the parents would have ended or avoided the pregnancy altogether had they known about birth defects, or wrongful pregnancies, which occur when the parents' attempt to avoid or end a pregnancy fails.
Malpractice Due to Injury
During the delivery, it is possible that the medical professional delivering the baby can accidentally injure the mother or child. Sometimes, excessive blood is lost by the mother after the delivery due to a doctor's negligence in monitoring the situation. The doctor can also be negligent in monitoring a baby's oxygen levels before and after delivery.
Wrongful Birth
In wrongful birth malpractice scenarios, the parents of the child claim the doctor failed to warn them about birth defects the baby would have. They also claim that if they had known this to be the case, they would've either avoided the pregnancy or ended the pregnancy. If the birth defects are of a genetic nature, malpractice can be said to have occurred if the doctor was negligent in genetic testing prior to conception. Neglecting to detect mental and physical impairments during the early stages of pregnancy may also warrant malpractice.
Wrongful Pregnancy
In this form of malpractice, clinical attempts at avoiding pregnancy have failed. This can occur when negligence on behalf of the doctor causes attempts at sterilization, pregnancy testing or abortion to fail. Even if the child is born healthy and without complications, this form of malpractice may still have occurred.
Birth-related injuries, wrongful births and wrongful pregnancies can be very complex and multi-faceted when it comes to proving malpractice has occurred. Because of the intricacies of pregnancy-related malpractice claims, it is often essential to seek advice or counsel from an experienced malpractice attorney before deciding to file a lawsuit.