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.
Has Your Family Been Impacted by a Birth Injury?
If your family has been impacted by a birth injury you need to speak with an experienced birth injury attorney as soon as possible. Contact us online or call our office directly at 888.450.4456 to schedule a free consultation.