Pregnant Woman at the doctor

What To Do When Filing A Pregnancy-Related Medical Malpractice Lawsuit

While most pregnancies and births happen safely, there are some cases when medical errors during childbirth can prove fatal. There are about 700 women who die from pregnancy complications in the United States every year. If you’ve fallen victim to a birth-related injury because of your provider’s negligence, you have the right to seek compensation for any damages you have sustained during the process.

How Do Birth-Related Medical Malpractice Cases Work?

Birth-related medical malpractice lawsuits happen when a medical provider or any other professional associated with a patient’s pregnancy is negligent at any point in the process. The mother or child may suffer long-term complications or even die due to the healthcare provider’s failure to practice the required level of care. To win the case, the plaintiff must show a direct connection between the doctor’s negligence and the patient’s condition.

When Can You File A Birth-Related Malpractice Claim?

Although each malpractice claim is different, some situations are more likely to result in a successful lawsuit for the victim. Most cases fall under three main categories:

Wrongful Birth

Having a baby with disabilities is not uncommon, and they can be caused by anything ranging from their prenatal environment to genetics. However, it’s the doctor’s responsibility to notify the parents about the infant’s condition. When a medical provider fails to do that, they take away the parent or guardian’s right to decide whether to continue the pregnancy. The parents would then have the right to sue for any damages or economic expenses to give the child a higher quality of life.

Birth Injuries

Birth injuries can happen at any time during pregnancy. While some are beyond the doctor’s control, there are some situations when their negligence causes damage to the mother or the child.

Some of the most common birth-related negligence cases are:

  • Poor follow-up care for the mother and the child
  • Improper use of forceps
  • Failure to perform a cesarean section on time
  • Not paying attention to the baby’s heartbeat properly
  • Failure to identify critical risks during pregnancy
  • Bruising or hurting the infant in any way during delivery

Depending on the severity of the situation, a doctor’s negligent actions can cause anything from short-term injuries to long-term illnesses, such as cerebral palsy or permanent brain damage.

Wrongful Pregnancy

Wrongful pregnancy is when a contraceptive method to stop a pregnancy, such as sterilization or abortion, fails due to a doctor’s negligence. In these cases, the unwanted pregnancy caused suffering to the plaintiffs. The mother can sue the medical provider for economic damages, even if the pregnancy and delivery had no problems.

What Is The Deadline For Filing A Birth-Related Malpractice Claim In New York?

In New York State, the statute of limitations depends on your case type. For any wrongful birth lawsuit, you must file your claim up to 2.5 years from the incident date. If the provider’s negligent actions caused a wrongful death, the statute of limitations is up to 2 years.

We Can Help You Recover Your Damages

A birth-related injury is a traumatic experience. Depending on the case, medical malpractice can cause lifelong suffering for both the parent and the child. However, finding the connection between a provider’s reckless actions and your damages can be a complicated process. A reliable birth injury lawyer can review your case and help you recover your losses.

With over 60 years of experience, our attorneys at Edelman, Krasin, & Jaye, PLLC have helped many medical malpractice clients seek justice.  If you have any questions, please fill out the contact form on our website. You can also call us at 855-208-7783 to schedule a free trial consultation. We serve Nassau County, Suffolk County, and all five boroughs of New York City.