The joy of expecting a child is a precious experience for parents and soon-to-be parents. When complications arise during pregnancy or childbirth, it’s natural to feel upset and concerned. Before considering a medical malpractice claim, it’s important to understand the legal and medical aspects involved.
Here are key points to consider about medical malpractice in the context of birth and pregnancy.
Understanding standards of care
Medical standards exist to protect patients. Doctors and nurses are expected to follow certain rules and practices to keep patients safe. These are called “standards of care.” For example, a standard of care for pregnant women includes regular prenatal check-ups. If a doctor fails to schedule these important visits or doesn’t use them to screen for common pregnancy complications, this could be considered a violation of the standard of care.
However, accidental events like a slip and fall in the doctor’s office typically wouldn’t be considered medical malpractice unless the health care provider’s clear negligence caused the accident.
When medical errors become legal cases
Not all medical errors lead to legal cases. Sometimes, unexpected things happen in medicine that aren’t anyone’s fault. Legal action is typically only taken when there’s clear evidence that a health care provider made a serious mistake that caused harm.
For instance, during childbirth, if a baby experiences shoulder dystocia (when the shoulder gets stuck behind the mother’s pelvic bone), there are specific maneuvers a doctor should perform. If these are done correctly, the baby usually won’t be injured.
However, if a doctor carelessly pulls too hard on the baby’s head, causing nerve damage and a condition called Erb’s palsy, this might be considered a serious error that could lead to a legal case.
Patient rights and communication
Patients have rights and can speak up about their care. Everyone has the right to understand their medical treatment and ask questions. If something doesn’t feel right, it’s okay to voice concerns or seek a second opinion. While most health care providers do their best, open communication between patients and medical staff is important for good care.
Not every complication during pregnancy or childbirth is considered malpractice. However, it’s important for parents who have concerns to think about consulting with a legal professional to understand their rights and determine if pursuing a medical malpractice claim in North Carolina is appropriate. Consider this decision carefully, as legal proceedings can be stressful and time-consuming.