• When is a birth injury medical malpractice?

Not everything that goes wrong in the delivery room is the result of a medical mistake. But when doctors, nurses, and other medical professionals breach their duty of care by failing to use the judgment, make the decisions, and take the actions required to prevent injury to the baby, it can constitute medical malpractice.

Examples of medical errors that often cause birth injuries and form the basis of medical malpractice lawsuits include:

  • Failure to recognize and address fetal distress
  • Failure to recognize and respond to preeclampsia
  • Misuse of forceps
  • Misuse of a vacuum extractor
  • Failure to treat meningitis
  • Fetal heart rate monitoring errors
  • Failure to address prolonged labor
  • Labor induction and Pitocin errors
  • Failure to prevent and resolve neonatal and postnatal infections
  • Deciding not to conduct an emergency C-section
  • Improper prescription or administration of medication
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