Giving birth is a beautiful, natural process. Unfortunately, it is also strenuous and fraught with risk. Complications or physician errors during childbirth can result in birth injuries.
While we usually think of the newborn when discussing birth injuries, mothers are also at risk for injury or death during labor and delivery.
What are the risks to the health of the mother?
There are a number of birth injuries that a mother may experience in childbirth. Some of the more common physical injuries associated with natural birth or C-section delivery include:
- Vaginal tears
- Hemorrhage (vaginal bleeding or internal bleeding
- Dangerously high blood pressure
- Bowel obstruction
- Damage to internal organs
Along with these physical issues, mothers may suffer emotional pain due to negligence in delivery. In fact, in certain cases, when a child sustains birth injuries it can cause issues for the mother, such as depression or PTSD (post-traumatic stress disorder).
How do injuries to the mother occur?
A birth injury is a form of personal injury, and as such, parties must prove negligence on the part of the physician in order to have a strong case. While there are some birth issues that cannot be avoided, there are other instances where the improper actions of a party can create issues during the birthing process.
Improper monitoring of the fetus or improper delivery technique can lead to life-threatening distress for the baby. Emergency intervention can lead to further injury to the mother or her baby. Failure to monitor the mother’s vital scenes, during and after birth can also lead to severe complications.
Being able to determine and prove the errors of the physicians and nurses is essential. The key standard is determining the proper protocol that a prudent physician would perform in the same situation. If the physician’s actions do not align, then it may be possible to file a successful medical malpractice claim.
What are the legal remedies?
Physicians often serve as contractors at hospitals and medical facilities, so the facilities may or may not be liable for injuries. However, if other medical professionals or administrators contributed to the negligent acts, those individuals and the hospital are liable as well. Parties may pursue claims through the court, or may choose to settle through mediation.
Proving birth injuries is not an easy task, but the right support can make it possible. For those who believe you have a case, consider consulting with a medical malpractice lawyer to determine the best course of action.