Giving birth is an emotional and joyous moment for parents. However, it is also an occasion that carries risks and dangers to both the mother and the baby. One risk is a baby’s premature delivery, which can lead to serious illnesses, injuries and death.
On top of mothers adequately caring for their health, it is essential for their doctors to carry out the necessary and correct tests and diagnosis to prevent or at least lessen these risks. Otherwise, they can be responsible for medical malpractice resulting in birth injuries.
When your claim stands
Not all cases of premature delivery resulting to injuries or death are actionable. Before suing your doctor or hospital, you must review your situation and examine whether all the elements for filing a medical malpractice lawsuit exist. During your review, check for the following circumstances:
- An existing patient-doctor or medical professional relationship, establishing duty to patient
- Negligence on the part of the medical professional
- Premature delivery resulting to birth injuries due to the negligence
- Sustained damages due to birth injuries
If all the mentioned factors are present, then you may be able to sue the negligent medical practitioner.
Examples of premature delivery due to negligence
A medical practitioner is negligent if they fail to provide a medical standard of care for expecting mothers and their babies. Examples include failure to identify high-risk factors for premature births, failure to monitor the pregnant patient’s health prior to delivery and prescribing incorrect medications.
Establishing a medical malpractice claim can be overwhelming. Nonetheless, you can navigate the process with the aid of a competent legal professional toward receiving the compensation you deserve.