When Labour Goes Wrong. Could You Have a Birth-Related Medical Malpractice Case?

Expecting a baby is one of the most exciting times of your life. The anticipation of who your baby will look like, who they might grow up to be and what life will be like with your new addition is just wonderful. There seems to be so much to look forward to, it’s difficult to imagine that things could go wrong. Sadly, for some mums-to-be, the reality of a negative birthing experience is all too real. Birth-related medical malpractice is all too common.

birth related medical malpractice
birth-related medical malpractice

Severe injuries to the mother, the infant and debilitating medical conditions such as cerebral palsy or brain damage can completely change the lives of those affected. It’s because of this reason, that many families choose to pursue legal action. Not only does this give families a sense of justice, but it also helps to prevent this kind of devastation from happening to anyone else. Here we’ll look at why you may have a birth-related, medical malpractice case. If you think you have a case, then you should seek legal advice as soon as you feel ready to do so.

You and your baby have been neglected by the medical team

When the standard of care expected falls below what is received this is when serious injuries and complications arise. It’s distressing for everyone involved. This doesn’t just happen during labour; it could also be something that was overlooked during pregnancy. Here are some of the most common forms of childbirth negligence.

  • Failure to monitor the baby’s heart rate properly
  • Failure to spot signs of the baby’s distress during labour/pregnancy
  • Delayed response in dealing with complications during labour 
  • Failing to request assistance from senior medical staff in time or not at all
  • Mother being turned away from the maternity unit despite showing signs of serious complications and problems

Your baby has suffered a brain injury

There’s nothing more serious or devastating than knowing that your baby has sustained a brain injury. Although there are different types of brain injury and varying degrees of severity, they are all equally distressing. Here are some of the most common. 

  • Anoxia – this is when your baby is completely deprived of oxygen. This can have a life-changing impact. Even if it’s just for a few minutes.
  • Hypoxia – hypoxia happens when there is a limited amount of oxygen reaching your infant’s brain, again like anoxia just a few minutes in this state can have life changing consequences.
  • Head trauma – improper use of equipment such as forceps can damage the neck and head and potentially cause brain damage. 

Your baby has suffered shoulder dystocia

Shoulder dystocia occurs when your baby’s shoulder becomes stuck behind your pubic bone during delivery. Although a birth complication, this only becomes a birth injury when subsequent damage is caused to your baby’s neck due to poor management and direction from your medical team. This can result in nerve damage and development problems.

This is just a small insight into potential birth injuries. If you believe that you and your baby we’re victims of medical malpractice then speak to a solicitor for advice. 

Many thanks for stopping by today, I hope you’ve found this post useful in some way on birth-related medical malpractice.

rachel bustin


*This is a collaborative post


Thank you for sharing

2 thoughts on “When Labour Goes Wrong. Could You Have a Birth-Related Medical Malpractice Case?

  1. really interesting read, i wasnt impressed with my treatment when i was in labour, not enough to call it malpractice but not great

  2. My son and daughter in law have just had a lovely baby boy.
    I am pleased that he is healthy but was very concerned.
    Baby was induced. After two days in hospital contractions became intense.
    No baby, then the doctors tried to use forceps but still no luck.
    My daughter in law then began to have cramping and spasms in her legs.
    She finally needed an emergency ‘C’ section.
    The baby was born and a healthy 9lb 7oz baby boy but two very distressed and traumatised parents.
    My son has had a birthing phobia all his life and we were surprised he managed to be there, supportive and no fainting.
    They (we all love baby Alexander), but what a horrendous experience.

    Two days later my niece had her baby and almost died due to blood loss she was in hospital needing needing blood transfusions.
    What a dreadful time for them both!

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