Which Malpractices qualify for Birth Negligence Claims?

Childbirth is, no doubt, among the blissful moments for would-be parents – no one could ever think of having to make birth negligence claims. Every expectant mother wants to deliver a healthy baby without going through any birth complication. But unfortunately, the joyous birth moments can turn into tragedy if newborn suffers from some health problems, and if these problems are caused by some medical malpractice, it becomes even more heart wrenching. It is very tough time for the parents to accept the harsh reality that their child is not healthy or normal - rarely would they think of making birth negligence claims.


Medical practitioners in the specialty of gynecology and obstetrics are generally supposed to be highly careful and efficient in providing medical care in this most sensitive area of medicine. However, birth negligence claims clearly suggest that this practice is also plagued with negligence and incompetency. It is either practitioner’slack of proper training and professional experience or because of their utter carelessness in their practices that give rise to birth negligence claims. Thousands of people have to suffer the outcomes of gynecological malpractices for the rest of their lives – numerous children are born with lifelong injuries because of birth related medical negligence.


If we start counting the types of malpractices that might lead to birth negligence claims, we find them innumerable. Each and every step of child bearing and childbirth process is important and needs high degree of medical care. A single mistake in this regard can be dangerous for expectant mothers and their babies. Gynecologists and obstetricians are trained to maintain a precise record of all medical procedures and tests conducted of an expectant woman – this medical history helps them anticipate future complications and minimize birth injury risks through proper medications. Unfortunately, medical practitioners do not follow this roadmap rigorously, that is the reason why so many never-events and preventable injuries result in birth negligence claims. Tragic brain injuries, brain damages, mental disorders, seizures, and cerebral palsy are some of the common results of malpractices that lead to birth negligence claims at the end.


For suing a gynecologist, obstetrician or a midwife for malpractice, the birth negligence claims must be supported by sound medical proofs. If you are certain that some substandard medical care has made you or your newborn suffer from birth related injuries, you must have medical records to show where and in what way a doctor or some other medical practitioner has been negligent.


The medical negligence might lie in the care provided before, during, or after the child delivery process. To correctly determine which action or inaction on part of medical practitioners has contributed to birth injuries, third party medical experts are consulted. These experts are usually from the same specialty as that of the practitioner accused in birth negligence claims. They have clear understanding of standard medical procedures so; they can assess which medical mistake might have triggered the claimed injuries. On the basis of these expert opinions, court validates or invalidates birth negligence claims.