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How Birthing Injuries from Medical Malpractice Happen

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August 22, 2022

A new expecting mother may never be at the most brilliant appeal in her life as she is when she is pregnant. Some say when you look at a woman carrying a child, there is a specific glow and radiance about her. As she gets closer to her delivery date, how an expecting mother and her partner decide to give birth to their child can vary. Some prefer to do so in the comfort of their homes, and others prefer having their OBGYN take care of them in a hospital.

Whether you are using an in-home certified midwife, have a room at a birthing center, or are going to a hospital to have your baby, there is a duty of care that the medical team has to you and your baby to keep you both healthy and safe. The medical providers you have caring for you and your baby must not make poor decisions or behave negligently because if they do, you, your baby, or both of you could be harmed. In the worst case, death can happen. 

If mistakes were made during the delivery of your baby that harmed you, your child, or both of you, this could be medical malpractice. You may have a case to be made for birth injuries as a result of medical negligence. The Pennsylvania birth injury attorneys at Edelstein Martin & Nelson can help you with your claim.

Birthing Injuries from Medical Error

How Birthing Injuries from Medical Malpractice HappensIn 2019 alone, just under four million babies were born in hospitals across the United States. Millions more were born outside of a hospital setting. When a birth injury happens because of a medical error, this can be traumatic for the mother and father of the baby. In some cases, the mother and the baby are both affected. If carelessness and a violation of acting within the required standard of care are what leads to injury of a mother or her child, this is considered a form of medical malpractice. Legal action can be taken in response to obtaining financial compensation.

Medical errors can happen in many ways including:

  • Experienced delivery doctors know what births could have complications and be higher risk. In these situations when a doctor does not anticipate a potential issue to be able to rapidly respond to it should something go wrong, they may be considered negligent.
  • It is possible for a mother to have uncontrolled bleeding which should be quickly addressed. Not responding to bleeding puts the mother and the child at risk of injuries or death.
  • When there are signs of fetal distress, failing to act can harm the baby.
  • Pitocin may be administered incorrectly.
  • Misuse of forceps puts a baby’s health at risk.
  • In some situations, a cesarean section is necessary, and failing to get a woman into surgery in time puts her baby's health in jeopardy.

Speak to a Birth Injury Attorney in Pennsylvania Today

After a birth injury from medical negligence, the grief and distress can be an incredible burden and hardship to bear. Birth injuries are not only emotionally challenging to manage but they can be costly too when considering pain and suffering, medical costs, and other damages that result from such a tragic event. For help filing a medical malpractice claim in Pennsylvania, you can call Edelstein Martin & Nelson at (215) 731-9900 to schedule a free consultation.

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