Filing a Mother’s Birth Injury Lawsuit

A pregnant woman holds her face in her hand as a nurse performs a check up on the child, upset due to an issue that may lead to a birth injury lawsuit.

A birth injury lawsuit is often built after a child is harmed during pregnancy or delivery — but sometimes, the injuries extend to the mother. Giving birth can be a traumatizing event, with labor lasting hours and unforeseen circumstances appearing as time ticks on. The attorneys at Zevan Davidson Roman are dedicated to helping women who have suffered from negligence during pregnancy or delivery. We believe that understanding common birth injuries to the mother and how they occur is the first step to take toward justice.

Failure to Diagnose Mother

During a pregnancy, it is crucial to monitor the mother for illnesses and dangerous conditions that may cause problems for both the mother and the child. Doctors must follow the standard of care through frequent appointments and proper scans prior to the birth. Generally, doctors adhere to the following appointment schedule.

  • One prenatal visit every four weeks from Week 4 to 28
  • One prenatal visit every two weeks from Week 28 to 36
  • One prenatal visit every week from Week 26 to 40

With these frequent visits and the ultrasounds conducted throughout, doctors may catch signs of gestational diabetes, maternal infections and conditions such as preeclampsia. Diagnosis falls under the standard of care — failing to diagnose and treat these conditions may cause the mother serious harm, resulting in possible liver failure, heart issues or seizures. Additionally, this form of negligence may lead to permanent brain injury to the baby. Either way, a failure to diagnose can lead to a birth injury lawsuit.

Failure to Prevent and Control Damage

Without proper precaution, doctors may directly cause damage to the mother. Vaginal and uterine tears may occur if a doctor performs negligent delivery techniques, such as twisting, pulling and improper use of birthing devices. Medical professionals can also determine potential problems prior to delivery by using the proper screening. For example, if the child is trending to have a large birth weight, proper ultrasounds may show that a c-section would be the safest birthing technique for both the mother and the child.

Additionally, heavy bleeding known as a hemorrhage may occur during or after delivery. This may be caused by the misuse of birthing instruments, such as forceps or vacuum extractors. Even in circumstances where this occurs without warning, it is a doctor’s responsibility to react accordingly to limit excessive blood loss and avoid a possible birth injury lawsuit.

Anesthesia and Medication Errors

With both anesthesia and medication, it is a medical professional’s responsibility to determine the correct dosage. Providing the wrong medication or the wrong dosage could result in an allergic reaction, seizure or even death. Anesthesiologists, nurses and other medical professionals must reference patient records and monitor their own actions in order to avoid a potentially fatal mistake.

Pursuing a Birth Injury Lawsuit

Women who have experienced medical negligence during either pregnancy or delivery may experience serious short-term effects. This includes blood loss, dangerous changes in blood pressure, injury to the bowels or severe vaginal or uterine tears. If left untreated, these problems may lead to long-lasting damage and allow a just cause for a birth injury lawsuit.

If you or a loved one has been injured while giving birth, you may be entitled to rightful compensation for medical expenses, lost wages and more. Start your case with a free consultation with the birth injury attorneys at Zevan Davidson Roman.

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