The three types of birth-related injuries in medical malpractice
Birth-related injuries usually refer to injuries sustained by the baby during or right after birth. One example is the baby being injured by forceps. However, a few other types of injuries related to birth and pregnancy could also affect the mother.
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. This can include failing to monitor oxygen intake or delivering a baby too soon. For example, if a baby is delivered prematurely and suffers developmental problems, 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 sued 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 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. They can be compensated for medical bills related to the delivery and lost wages because of the pregnancy but will not receive compensation to help raise the child.
If you have been the victim of a birth-related instance of medical malpractice, please get in touch with 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. 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.