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The three types of birth-related injuries in medical malpractice

Birth injuries usually refer to injuries sustained by the baby during or right after birth, such as being injured by the use of forceps. However, there are a few other types of injuries related to birth and pregnancy that could affect the mother as well.

Injury to the mother or infant during pregnancy or birth

It is common for women to bleed, sometimes excessively, after the delivery of their baby. Doctors know how to control the bleeding and maintain the woman’s health, but if a doctor is negligent or careless and fails to do so, it could cause significant harm or even death.

The baby may be injured due to a doctor’s erroneous actions pre- or post-delivery, such as failing to monitor oxygen intake or delivering a baby too soon. For example, if a baby is delivered prematurely and suffers developmental problems because of this, the parents could file a medical malpractice claim to help pay for ongoing physical therapy.

Wrongful birth

When a baby is born with mental or physical impairments that should have been detected in genetic testing or the early stages of the pregnancy, the parents can sue for wrongful birth. In this case, the parents sue the doctor who should have informed them of their future child’s disabilities because they would not have had the child but for the doctor’s negligence. The parents can sue for the amount of money they anticipate will be required to pay for the child’s excess medical bills, special education costs, and even the parents’ emotional pain and suffering. In the state of New York, the child cannot sue for wrongful life.

Wrongful pregnancy

If a man or woman chooses sterilization to avoid having children, but due to the negligence or failure of medical professionals, they conceived anyway, they can sue for wrongful pregnancy. The plaintiff could win compensation to make up for the cost of the botched sterilization procedure, medical bills related to the delivery, and lost wages because of the pregnancy, but will not receive compensation to help raise the child.

How to get help

If you have been the victim of a birth-related instance of medical malpractice, please reach out to the experienced New York birth injury attorneys at Hach & Rose, LLP. Our injury lawyers have years of experience fighting for families whose children were hurt before, during, or after childbirth, and we want to see that you get the justice you deserve. Call us at (212) 779-0057 or reach out online to schedule a free consultation today.


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