Is A Birth Injury Considered A Medical Malpractice?

Undergoing birth delivery has its own risk, both to the expectant mother and unborn child. This is why most expectant parents amidst the excitement still have growing fears of what might arise while inside the delivery room. Birth related injuries do happen, but can be prevented if the medical doctors and nurses attending the delivery have performed their responsibilities well. If you are already expecting your baby anytime and want to know what grounds a birth injury is considered a medical malpractice.

Can birth injuries occur?

Sad to say, but it’s a fact that birth injuries occur and could affect any expectant mother who is about to give birth. There are various ways birth injuries could happen, and in most cases there are two scenarios to look into:

  • The doctor or medical professional failed to assess the risk or treat the condition of the expectant mother.
  • The birth injuries are due to negligence during the prenatal care.

In the first scenario, the doctor may have failed to diagnose accurately the actual condition of the expectant mother such as presence of hypertension, failure to check the heart rate of the baby or miscalculated the need to perform a caesarian procedure. If this happens, and birth injury resulted from this kind of situation, a medical malpractice can be filed against the attending doctor and medical staff or file a claim against the hospital where the delivery took place.

In the second scenario, negligence during the prenatal care, again the attending doctor, medical staff or pharmacist may be held accountable if wrong prescription was given and led to the adverse complications to the expectant mother including the unborn child. If there is found irregularities during the prenatal care, according to a medical malpractice lawyer in Philadelphia, the mother can file a medical malpractice case.

How to prove a medical malpractice on a case of birth injury?

For your birth injury case to have grounds for a medical malpractice, there has to be proofs like a medical report showing the detailed medical condition of the mother or baby during pregnancy and after birth. The opinion of a third party may be used to validate the medical malpractice like seeking another medical professional of similar specialization to testify and proved that mistakes or errors have been done that put the mother and baby at greater risk.

Where to get help for a medical malpractice claim?

Birth injuries can be prevent at all cost if an experienced medical professional like doctor has done everything to reduce the risk during while the expectant mother while under his or her care during prenatal care and while giving birth.

If you or someone you loved has become a victim of birth injury, the person who can be of help is an expert in medical malpractice like an attorney in Philadelphia with many won cases on medical malpractice lawsuits. Learn more how you can protect your legal rights while under the care of a medical professional, talk to a legal representative right now to review your case.