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Birth injuries may happen to babies as well as mothers. When a doctor, nurse, hospital, or other medical staff fails to use reasonable care, it amounts to medical negligence that can cause injuries to the mother or child during delivery or pregnancy. Cases of wrongful birth happen when the doctors fail to forewarn parents about the possibilities of giving birth to a child with defects. That if known on time, would have allowed the parents to avoid or end the pregnancy. When parents attempt to end a pregnancy but fail, it can lead to wrongful pregnancy. All such cases happen because the concerned healthcare providers fail to ensure reasonable care or turn negligent towards their duties that cause damage and suffering to the mother or child.
In such cases in the USA, the affected parents can claim for compensation for damages under the guidance of experienced childbirth malpractice lawyers attached to BIML – The Malpractice Group, a law firm that specializes in claiming damages for the wrongdoing. However, each type of claim pertains to a specific set of rules that determine who can sue and under what circumstances as well as the recoverable damages.
Injuries can affect both mother and child
The mother or child can receive injuries during the birth of the baby or pregnancy if the doctor becomes negligent and fails to take reasonable care. Although such incidents are rare, it still occurs. For example, the mother might experience substantial blood loss after delivery which the doctor fails to control due to negligence and results in seriously affecting the health of the mother. In some other pre and post-delivery cases, the baby may suffer oxygen deficiency because the doctor failed to monitor the oxygen level.
Injury to baby
On behalf of an injured baby, the parents as guardians can bring the lawsuit and can ask for general as well as special damages. General damages constitute the cost of mental and physical suffering, pain, and loss of enjoyment of life. For example, if a baby suffers brain damage because the doctor decided to deliver it prematurely. The parents may sue the doctor to recover the cost of pain and suffering. They can also claim compensation for the expenses incurred towards ongoing rehabilitation and developmental needs as the baby must go through the trauma of mental and physical disability.
Injury to mother
If the mother suffers injuries before or after childbirth due to the negligence of the doctor, there is always a case for suing the doctor for damages. For example, failure on the part of the doctor to note the high blood pressure of the mother before delivery can lead to seizures during delivery. And the incident qualifies for building a strong case against the doctor for negligence that caused the pain and suffering.
Birth related injuries can lead to complex medico-legal cases. To know if you have a case, you must consult a birth injury lawyer to evaluate how far it would be possible to prove the negligence of doctors or healthcare providers. Unless you can prove negligence, there is no hope of getting any compensation.