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Did you sustain injuries while giving birth?

Posted on November 12, 2018 in

As a mother, you have the beautiful responsibility of bringing forth life, and you trust your doctor to aid you in the process. However, if a physician makes a mistake, it can place you and your child at serious risk.

If you sustained preventable injuries while giving birth, you do have a way of recourse. Before you embark upon your claim, you should know a few things.

Different types

People tend to be more familiar with the different types of birth injuries to a child, but there are serious injuries that mothers may encounter as well. There are some injuries that the physician cannot control, due to any previous conditions or health issues, and in such instances the court may find that the physician was not in the wrong. However, there are also specific instances where the physician’s negligence may cause the injury, such as the following:

  • Improper monitoring or evaluation during pregnancy or birth
  • Faulty use of delivery instruments
  • Lack of monitoring blood loss during birth

These are just a few of the main negligent birth injuries; you may be able to site additional cases as well. Seeking a second opinion may assist in properly ascertaining if your birth injuries were preventable.

Proving your case

In a malpractice case, you must not only show that the injury occurred, but also that it was due to the negligence of the physician. To prove this, you must clearly assert that the physician did not operate in a manner expected of a physician in your specific situation. This is not an easy task, considering that there are certain situations that a physician cannot control, which the court will take into consideration. However, if you have the proper evidence, such as medical records, video footage or witness testimony, you can build a solid case. 

Hilley & Frieder can handle all aspects of you case virtually from interview through conclusion. We are open and available to help you. Please view our complete COVID-19 statement to learn more about the steps we are taking to ensure that your case continues to move smoothly in this environment.