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How Birth Injuries to a Mother or Infant May Result in a Malpractice Claim

June 18th, 2015
On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Thursday, June 18, 2015.

There are several mistakes that may give rise to a medical malpractice claim, and they are particularly common during the birthing process. A small oversight from a health-care provider can have catastrophic consequences as a child enters the world, and injuries may affect the mother, the infant or both.




If you recently gave birth, and you or your child suffered injuries during this process, it is possible that you may be able to claim damages from the at-fault physician. However, proving negligence in these cases often requires extensive legal knowledge, as well as access to medical experts.

At The Bowling Law Firm, we can assist with this process. A New Orleans medical malpractice attorney from our Firm can evaluate the circumstances surrounding your case to determine if you may have grounds for a malpractice claim. To schedule a consultation, call our office at (504) 586-5200.

The following is a brief overview of how a mother or an infant may suffer injuries during the birthing process:

Injuries to the Mother

According to Louisiana Statutes, if a doctor injures a mother during the birthing process, then she may be eligible to bring a medical malpractice claim. In order for the claim to be successful, the plaintiff would need to prove that the doctor’s carelessness or inattention caused specific injuries either prior to or during the birthing process.

Mothers are particularly vulnerable while giving birth. If the doctor misses clear signs that you are in distress or need certain medical support, the consequences can be serious.

For example, doctors often fail to monitor blood pressure, which can have potentially fatal consequences. Victims in these cases – or their families – may be entitled to damages.

Injuries to the Child

It is also possible to bring a medical malpractice claim against a doctor or health-care institution that injures your infant. As a parent, you may seek these damages on behalf of your child. The type of damages that the plaintiff may pursue will vary according to the specific circumstances, but victims may be able to recover compensation for pain and suffering, mental complications, and a reduction in the quality of life.

There are several possible causes of infant medical malpractice, and like all other cases of this nature, the plaintiff must prove that the doctor acted negligently and did not use reasonable care. The error at birth may require ongoing treatment for many years — sometimes for the rest of the child’s life. In these cases, the plaintiff may be able to recover compensation for ongoing care and rehabilitation.

Medical malpractice is a complex matter, but at The Bowling Law Firm, we understand how to find success in these cases. A New Orleans malpractice lawyer from our practice can evaluate your case to determine if you have valid grounds for a malpractice claim. To schedule an appointment with a medical malpractice lawyer, call us today at (504) 586-5200.

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