When Childbirth Leads to Medical Malpractice Litigation

After her son Patrick was born, Melissa’s family provided almost every type of support she needed. But she wondered how she would pay for all the medical treatments her child would need. You see, he was born with severe brain damage caused by prolonged oxygen deprivation. Melissa felt her medical providers failed to good care of Patrick during childbirth. She wondered if she should consider medical malpractice litigation.

Common Medical Mistakes During Childbirth and Medical Malpractice

Medical professionals had a duty to monitor both Melissa and her infant during childbirth. However, Melissa and Patrick might be victims of one of the common errors that could be considered medical malpractice:

  • Ignoring maternal blood loss,
  • Failing to address low oxygen levels,
  • Missing extremely high blood pressure in moms,
  • Failing to monitor anesthesia,
  • Misusing medical devices like forceps or vacuum extraction equipment,
  • Ignoring the results of medical tests.

Had medical professionals not breached their duty of care to Melissa and Patrick, it is unlikely he would have suffered severe and permanent brain damage. In situations like this, it’s best to talk to a medical malpractice attorney as soon as possible to learn more about your options.

Fundamentals of Medical Malpractice Claims

The term “malpractice” generally means that a professional failed to “properly execute their duty to a client.” This amounts to negligence, which is the foundation for a tort claim like medical malpractice. When medical professionals make mistakes that harm their patients, medical malpractice litigation becomes a possibility.

If you file suit against a medical provider, you will have to prove the following elements of negligence:

  • The person you are suing (the “defendant”) owed a legal duty to you.
  • The defendant breached that duty.
  • You, as the plaintiff, suffered an injury.
  • But you have to prove that the defendant’s breach caused your injury.

Melissa should first discuss her case with an experienced medical malpractice attorney. They may file a medical malpractice case if her situation meets all four of the elements of negligence. If she wins her case or the defendants settle with her, the compensation she receives could provide a better future for her child.

This step should not be taken lightly. It certainly is not something you should try on your own without legal counsel.

Sometimes Medical Malpractice Litigation After Childbirth Is Necessary

Medical malpractice claims, including those for negligence during childbirth, are complicated. Often, many parties are involved in the chain of treatment. Powell Law features James F. Mundy, Esq., as an attorney who has successfully litigated medical malpractice cases for several decades. Since 1906, our practice has evolved litigating personal injury claims, including medical malpractice cases, and building a body of knowledge and expertise that unquestionably provides our clients with an incomparable advantage. Powell Law has an established 115-year-old reputation throughout northeastern Pennsylvania. Contact Powell Law at call (570) 961-0777. The consultation is FREE.

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