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Recovering from a Traumatic Birth

The legal perspective gynological malpractice continued

There’s perhaps no greater injury than that which occurs during the pregnancy or birth of a baby. While not every pregnancy will result in a healthy infant, medical malpractice that causes an injury or even the death of the infant, mother, or both is the worst way for a pregnancy to go bad. Families that experience this tragedy have legal rights that can help set lives right, even though they can never erase the pain.

OB-GYN Malpractice Claims

The legal ramifications of OB-GYN malpractice claims are significant:

  • Obstetrics malpractice comprises over ten percent of all medical malpractice claims in the U.S.;
  • One of every 3,711 births gives rise to an OB-GYN claim, and
  • The average value of those claims is $1.1 million.

Further, while some states cap the amount of damages awardable due to OB-GYN malpractice, Ohio has no such cap in place. In fact, the largest payout for a birth-related injury in Ohio was handed down just in March, when a jury determined that $11.35 million was an appropriate award for a child who suffered brain damage during delivery.

Compensation for Damages

For the case noted above, the damages assessed represented the costs to the family of caring for the boy over the course of his lifetime. The brain injuries he suffered during his birth caused significant social and intellectual disabilities that prevent him from living independently.

In other cases, juries have awarded damages for other injuries suffered during the pregnancy and delivery, including damages for:

  • Stillbirths, when the infant doesn’t survive the birthing process;
  • The death of the mother, and
  • Injuries to the reproductive tract of the mother, such as injuries to the uterus, fallopian tubes, or birth canal.

In addition to birth-process injuries, medical negligence claims in these cases can arise when the physician fails to properly diagnose pregnancy-related conditions, such as pre-eclampsia or gestational diabetes. These conditions can be life-threatening so missing their diagnosis often puts the health of both mother and baby at risk.

Finally, families that lose time at work, spend thousands on medical costs, or experience personal pain and suffering because of injuries suffered during pregnancy or birth can also recover those costs, too, through filing an OB-GYN claim.

A Challenging Practice

The obstetrician/gynecologist must stay up to speed on a variety of separate medical factors to maintain an appropriate level of competence. When one or more of those systems go awry and the OB-GYN professional fails to provide adequate care, the baby and mother can suffer sometimes life-long injuries.

If your family has suffered damages like these because of a possible OB-GYN failure, you may need our services. Reach out today.

Last modified on April 10, 2018. Published by Friedman, Domiano & Smith Co., L.P.A.

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