The birthing process is one of the medical interventions with the highest risk of malpractice.
Typical Mistakes
- Oxygen loss (asphyxia) - brain damage
- Shoulder dystocia - arm paralysis
- Delay in the decision for caesarean section
- Failure to manage maternal bleeding
- Use of forceps/vacuum error
- Lack of baby monitoring (NST)
Baby Damages
- Cerebral palsy (CP)
- Arm/leg paralysis
- Mental developmental delay
- Death
Maternal Damages
- Excessive bleeding
- Uterus loss
- Bladder/intestinal injury
- Nerve damage
- Death
Compensation
- Treatment expenses (lifetime)
- Care/rehabilitation
- Loss of income of the child (in adulthood)
- Pecuniary compensation for parents
- Lack of support in case of death stay
Proof
- Birth file (NST records, birth chart)
- Forensic Medicine Institute report
- Gynecology/perinatology expert expert
- Witness statements (wife, nurse)
Supreme Court 13. HD
13. HD accepts that "timing of the caesarean section decision" is critical in birth malpractice, and that if it is proven that the physician should have made an earlier decision, liability for compensation will arise.
Health law/malpractice lawyer is recommended.