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Sawicki Law Firm Blog

Wednesday, December 14, 2016

Mother accuses health care providers of negligence during delivery

What does medical negligence look like during delivery?

Childbirths are supposed to be some of the most special times people’s lives. When things go wrong, that special day can be the start of a painful journey to recover from birth-related injuries.

This happened just recently to a Texas mother and her child. They are suing their health care providers for negligence during the delivery that led to injuries to the child.

The Complaint alleges that the health care providers failed to perform necessary labor and delivery care to both mother and child, including failing to recognize that the mother was at increased risk for Caesarean delivery. The parties also allege that the doctors failed to recognize that the mother was suffering from protracted disorder of labor in a timely fashion before deciding on a Caesarean section delivery.  

Because of the alleged medical negligence, the newborn has suffered injuries that he will have for the rest of his life, including cerebral palsy.

Medical Negligence in a Nutshell

The basic elements of any medical malpractice case include:

  • A duty of care
  • That duty of care was breached
  • That breach caused an injury

If any one of these elements is missing, you will not be able to prove your medical negligence case.

Birth-Related Injuries from Medical Negligence

During childbirth, if a medical practitioner fails to act in accordance with reasonably acceptable standards in his or her field. There are numerous types of birth-related injuries that can be cause by medical negligence, including:

  • Brachial Plexus Injuries – damage to the nerve bundle originating in the upper spine
  • Bone Fractures – usually a child’s clavicle (collar bone)
  • Perinatal Asphyxia – the newborn does not receive sufficient oxygen
  • Hemorrhaging - in the skull or eye areas
  • Spinal Cord Injuries – usually caused by improper use of forceps
  • Cerebral Palsy – a serious muscle injury for which there is no cure

What Types of Damages are Recoverable for Birth-Related Injuries?

If it is proven that your medical practitioner committed negligence, an injured mother or child, and in some cases, both parents, can be awarded damages including:

  • Compensation for pain and suffering
  • Special damages for past and future medical expenses and loss of income
  • Punitive damages may be allowed if the defendant’s conduct was willful or grossly negligent

In some cases, parents of a seriously injured child can be awarded compensation for loss of service and future income of the child, costs to care for the child for the remainder of his or her life, and damages for emotional suffering.

Proving Medical Negligence

Proving medical malpractice during childbirth is complex work. If you or someone you care about has been injured during childbirth, call Sawicki Law today at 888-468-8844 for a free consultation.


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