Whether you had an uncomplicated pregnancy or a high-risk pregnancy, the legal standard for proving that a birth injury occurred is the same. To recover damages for your child’s birth injury, you will need to prove that the doctor, nurse, midwife, or hospital was negligent.
What Is a High-Risk Pregnancy?
As the term suggests, mothers and babies are at greater risk of suffering an injury when the pregnancy is considered high risk. This can be true for a variety of reasons, such as:
- Maternal age
- Maternal obesity
- Gestational diabetes
- High blood pressure
- Premature labor
- Multiples, such as twins or triplets
Other conditions, such as pre-existing medical conditions, can also make a pregnancy high risk.
What Is Negligence in a High-Risk Pregnancy?
Sometimes, babies born after a high-risk pregnancy are diagnosed with certain medical conditions as a result, but that does not mean that medical malpractice occurred. The doctor, medical provider, or hospital may have exercised reasonable care, and your child may have an injury or illness anyway.
Just because an injury is more likely, however, does not excuse a doctor, medical provider, or hospital from exercising reasonable care. Doctors must use reasonable care to identify high-risk pregnancies and to treat mothers and babies during a high-risk pregnancy and delivery.
If reasonable care is not provided and your child suffers as a result, your child may be able to recover damages in a birth injury lawsuit. Damages could include compensation for past and future medical expenses, out-of-pocket costs, physical pain, emotional suffering, and other losses.
How to Protect Your Baby After a High-Risk Pregnancy Birth Injury
If your child has been hurt by negligence during pregnancy, labor, or delivery, now is the time to take action.
You can begin learning about and protecting your child’s rights by contacting us today. Our experienced birth injury lawyers and staff nurse will review what happened to your child, gather the necessary evidence, and fight hard for your child’s fair recovery. Call us or contact us via this website at any time to schedule a free and confidential consultation.