Doctors Liability for a Birth Injury

When a woman chooses a certain doctor to care for her during her pregnancy and birth, she places her trusts in that doctor's hands. When a doctor accepts a patient, he or she accepts the responsibility of caring for both the woman's health and best interests as well as the baby's. There are certain kinds of liability a doctor carries while he or she helps a woman to give birth.

Health and Safety of the Mother

While the woman is giving birth, it is the doctor's job to keep her informed on how the fetus is doing and how the birth is progressing. It is also his job to watch her closely for any signs of trouble that might indicate that something is wrong with the birthing process. If the doctor does detect a problem, it is his or her responsibility to treat the woman in the best possible way in order to ensure her health and the health of her baby.

Health and Safety of the Baby

While the doctor is monitoring the mother for problems or issues, it is also his or her job to ensure that the baby is safe. He or she should be monitoring the fetus for signs of distress, and to ensure that everything is coming along normally. If the doctor detects a problem with the fetus, it is his or her job to immediately make the best decision to help the fetus. For instance, doctors often have to make split second decisions to perform a cesarean section because vaginal birth is impossible for one reason or another. Each decision must be thought out very carefully so that the health of the mother and baby are both taken into consideration.

Types of Doctor Negligence

There are certain times when a doctor can be accused of negligence. These times are when the doctor has not done all he or she could do in order to preserve the health of both the mother and the baby. This might include:

  • The doctor not anticipating something that he or she could have easily noticed had they been monitoring the baby and mother properly. This might include the baby being too large for the mother's birth canal.
  • Not using the forceps or vacuum extraction tool properly and causing injuries to the mother or fetus.
  • Not calling for a cesarean section when the situation required it.

When the doctor has been negligent and has caused injuries or trauma to the baby or the mother, the doctor could be held responsible in a court case.

Legal Remedies for Child Birth Injury

Contacting a medical malpractice attorney is important when one is considering seeking legal recourse for a negligent doctor. These attorneys are qualified and knowledgeable, and can answer important questions such as what to do next or how to prove the case. It's important to get help from someone who knows medical malpractice laws thoroughly and who can fight on your side.