While childbirth is often portrayed as a joyous event, the reality is that it can sometimes lead to devastating outcomes for both mothers and their newborns. Recently, a former NFL cheerleader died as a result of childbirth complications—and her experience is more common than you might think.
According to the Centers for Disease Control and Prevention (CDC), the maternal mortality rate in the U.S. is higher than in many other developed countries, and within this data, significant racial disparities exist. African-American women are three times more likely to die from pregnancy-related complications compared to their white counterparts.
Who is responsible when something goes wrong?
What causes high maternal mortality rates?
Multiple factors contribute to the increased risk of maternal mortality and childbirth complications. These typically include socioeconomic factors, such as limited access to quality healthcare, bias and discrimination within the healthcare system, higher rates of chronic health conditions and inadequate prenatal care.
Liability for childbirth complications
When childbirth complications occur, determining liability can be a complex process, requiring expert medical testimony and the help of an experienced medical malpractice attorney.
Healthcare providers, including obstetricians, nurses and hospitals, have a duty to provide a standard of care that ensures the safety and well-being of both the mother and child. However, if negligence or medical malpractice occurs, resulting in harm to the mother or child, healthcare providers may be held liable.
To establish liability, several elements must be proven:
- Duty: The plaintiff must show that the healthcare provider had a duty to the victim (i.e., they had a doctor/patient relationship).
- Breach: The plaintiff must show that the healthcare provider failed to meet the accepted industry standard of care owed to the patient. For example, this may involve failing to accurately diagnose and treat maternal health conditions, errors during childbirth procedures, or inadequate monitoring of maternal and fetal well-being.
- Causation: The plaintiff must show that this breach of care caused harm to the mother or child.
- Damages: Finally, the mother and/or child must have suffered actual injury.
To pursue a medical malpractice claim for childbirth complications, it’s important to contact the Law Offices of Tim Misny as soon as possible. Because the statute of limitations for medical malpractice is generally shorter than other personal injury claims, you’ll need to get started right away.
Talk to an Ohio medical malpractice attorney today
The Law Offices of Tim Misny can help you with your medical malpractice claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.
