In a 2003 article from CBS News, Cynthia and Willy Fields filed a wrongful birth lawsuit to their obstetrician, claiming that he should have detected the condition of their daughter, Jade, and told them about it. Jade, an eight-year-old girl, is severely retarded and needs to be hospitalized often. The Fields hired a medical malpractice lawyer and won nearly $1.7 million dollars when the case is settled out of court.
This is just one of birth-related medical malpractices that occur when a medical practitioner acts negligently or fail to use proper and reasonable care. If the doctor’s negligence results in an injury to the mother or child or causes wrongful birth or pregnancy, the parents can file a compensation claim.
In the case of wrongful birth, parents usually claim the physician should have warned them about the baby’s impending birth defect. If they had known, they would have an option to avoid or end the pregnancy. The compensation for this case covers the expenses in caring for the child such as medical costs, therapy, as well as emotional pain and suffering related to raising the child.
Injury to Mother and Infant
Sometimes, a doctor’s negligence can cause the infant or mother to develop an injury. Cerebral palsy at birth, for instance, occurs when there is a lack of oxygen to the brain of the infant, mainly because of premature delivery. Damages cover the cost of medical expenses, mental and physical pain, emotional suffering, and others. Mothers who develop a health condition after delivery can also file a medical malpractice lawsuit, Tyrone Law Firm explains.
A parent may also file a lawsuit if they tried to avoid pregnancy but failed because of a doctor’s negligence or careless mistake. Even if the child is born healthy, parents can sue for the harm caused by unwanted pregnancy. Some states allow parents to sue for medical expenses while others allow damages for pain and suffering caused by unwanted pregnancy.
Medical malpractice and birth-related injuries are complicated legal issues, so it best to get the right legal representation. The right lawyer will help parents get the compensation they deserve.