Pregnancy and the process of giving birth can pose complex health risks to both the mother and the child. This is why it is recommended that a woman visits a medical professional as soon as she learns that she is pregnant. Medical professionals should monitor certain indicators of progress in pregnancy, and watch out for potential issues. A failure to not recognize a condition or adequately plan for a likely outcome can increase the risk of a traumatic birth or further medical issues.
If you have had a negative experience with your New York medical provider as a pregnant woman, you may wonder if you are able to make a legal claim against them. The following are the three main types of medical malpractice associated with pregnancy and birth.
Many women and couples take precautions to prevent pregnancy. This could be because the mother will face significant health problems if she does become pregnant. Alternatively, they may be unable to afford another child, or simply do not want to become pregnant. They may address this by undergoing certain procedures to prevent pregnancy. If these procedures are unsuccessful, it can lead the woman to become wrongfully pregnant. Legal action can be taken in claiming damages for this, but it can be difficult to be successful if the child was born healthy.
When children are born with serious birth defects or disabilities, they may be going through an enormous amount of suffering. Had the parents of the child known about the pain and suffering that their child would have to go through in the future, they may have taken the choice to end the pregnancy. However, they may not have been informed about their unborn child’s condition because of a lack of testing. This can constitute a wrongful birth under the law.
Both the mother and the infant can suffer from birth injuries, and they can be severe enough to affect the rest of their lives. Negligence on behalf of the medical provider can be seen to have caused birth injuries in certain situations.
If you have suffered during pregnancy due to what you would consider medical malpractice, it is important to take action so that justice can be done.