Due to the sensitive nature of childbirth and pregnancy, it's only reasonable that pregnant women have to undergo a lot of tests and screenings to make sure the baby they're carrying is healthy and ready to take on the challenges life has to offer. This is why mommy emergencies such as medical malpractice while pregnant can be such a stressful thing to deal with.
When you're a soon-to-be mommy and you've realized that a medical malpractice has happened while you're pregnant, you have options available to you. If you're seeking immediate legal assistance even after giving birth, click here to get a lawyer with medical malpractice experience. If you're an expecting mother, however, and you're looking into precautions and reminders for certain situations, then you may read along to find out what to do if you experience medical malpractice while pregnant.
The Basics of Medical Malpractice During Pregnancy
According to Nolo, it may be important to first understand just what medical malpractice is in relation to a pregnancy. As the name implies, medical malpractice happens should medical staff, hospitals, or doctors act with a degree of negligence and caused harm in a number of ways. Acting negligently in this case means failing to use reasonable care towards a patient.
In the case of a pregnancy, malpractice happens if:
- There is an injury to the child or the mother during the delivery of the child or throughout the pregnancy.
- There is a wrongful birth, or a situation when the parents would have avoided or ended a pregnancy due to particular circumstances.
- There is a wrongful pregnancy (when a pregnancy fails to be avoided)
These are just some of the instances when medical malpractice claims in terms of pregnancy can be claimed. A lawyer's advice on the matter may be helpful to analyze these issues on a case by case basis.
Was There Failure to Diagnose Injuries?
One of the most common kinds of malpractice is the negligence to diagnose conditions appropriately and timely. Office receptionists, radiologists, nurses, and obstetricians should pay close attention when patients notify them of their conditions. Sometimes doctors tend to go through appointments without even performing proper examinations thoroughly and asking the right questions.
It can be considered negligence if doctors actually operate without the necessary information they need, or if they completely ignore data presented by their patients. Doctors who don't have experience or education to operate or observe pregnant patients can be sued for malpractice as well.
Was There Failure to Treat Injuries?
Normally, when particular conditions and complications are diagnosed, doctors must be able to provide treatment that is according to proper and accepted care standards. Laws in some states necesitate doctors use what is called reasonable care when it comes to treating their patients. Doctors who fail to do so can be sued for medical malpractice.
These injuries can include errors in terms of the medication given. A misdiagnosis can actually lead to the prescription of medicine that can be harmful to the patient, especially if the dosage count is wrong. This includes things like faulty or wrong calibration of intravenous pumps or defibrillators.
Consider the Case Carefully
If you do plan on pursuing a case against the hospital or the care provider that caused your injury, consider some legal aspects that you may have to keep in mind:
Some laws state that a person may only proceed with a compensation claim if they've suffered injury or harm because of a particular treatment. There are certain limitations as to just how significant an injury should be before a person is even entitled to make such a claim.
One of the most difficult things to do in this situation is to prove that it was negligence and not anything else that caused harm to you. This means you should be able to relate the injury to an action or a failure to act on the health professional.
Pregnancy is in itself a blessing, as you're bringing new life into this world. This is why you take a lot of care and preparation in anticipation of this event, and you utilize healthcare services. These tips can hopefully alleviate some concerns when it comes to mommy emergencies of this variety. Don't hesitate, though, to contact a lawyer should you want to know the specifics on what to do if you experience medical malpractice while pregnant.
Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.