In some cases, a doctor's negligence could mean that a mother and/or her infant are injured before or during delivery. Fortunately, these cases do not happen very often. But they do still occur. Learn what birth injuries constitute medical malpractice, and how someone could file a lawsuit for compensation for these preventable complications.

This could mean that the doctor was negligent and this caused the mother to suffer severe blood loss after delivery. Or it could mean that a doctor's negligence meant that the baby lacked oxygen before or after delivery. Some specific instances might help illustrate what injuries could be considered the fault of the doctor's severe incompetence.

For example, an infant may have been injured due to a medical professional's negligence if the doctor made the mistaken and reckless choice to induce a premature delivery, and the infant sustains brain trauma. The child's parents might be able to sue for the amount necessary to pay for the infant's future medical treatment, and they may be able to recover compensation for the pain and suffering inflicted from disability. Parents can sue for any such birth injury caused by negligence, and they could ask for general as well as special damages. It is also possible that both parents can seek compensation for their emotional pain and suffering that results from their baby's injury.

(General damages cover pain and suffering, loss of enjoyment of life, etc., while special damages are more specific. Special damages could include things such as medical bills, which are pretty straightforward for past expenses, but are more complicated when it comes to figuring out the cost of future treatment.)

A note on cerebral palsy: this is not always caused by medical malpractice, but it can be. Cerebral palsy can be caused by hypoxia, which is oxygen-deprivation, or it can be caused by asphyxia, which is basically suffocation. Or it can be the result of a premature birth or birth injury. Any of these causes could be caused by medical malpractice, but only sometimes. Even after doctors and nurses have done their best, cerebral palsy can be an unavoidable complication of birth. If there has been medical malpractice however, it could take one of several forms:

First, cerebral palsy could be caused by a doctor's negligence in not diagnosing or treating an infection in the mother while she was pregnant. This could mean something like not diagnosing or caring for meningitis in the mother. Perhaps a doctor failed to keep an eye on the infant's heart rate, or medical professionals failed to notice a prolapsed umbilical cord. In some cases, medical malpractice could look like a doctor's failure to opt for a cesarean section when it is evident than an infant is too big for the birth canal, or maybe the doctor waited too long to perform this urgent operation. It is also possible that a medical professional could have been grossly incompetent in mishandling tools during delivery, such as a vacuum or forceps.

A mother's injuries could be the result of medical malpractice if, for instance, the doctor does not realize that the mother has high blood pressure before delivering. This blood pressure is a symptom of preeclampsia, which can lead to seizures. If the mother has a seizure as she delivers, then she may have a strong case for filing a lawsuit for her resulting injuries.

Whatever your injuries, pursuing a medical malpractice claim is a highly complex matter. Simply assessing whether or not malpractice actually occurred is a very technical issue. Contact an experienced medical malpractice attorney today to find out if you have case.