Medical errors during childbirth can have serious consequences for both mother and child. Our lawyers, who specialize in medical errors during childbirth, have compiled a list of the most common errors and cases with examples of compensation for each. The aim is to help you understand your rights and how victims can obtain compensation for the physical, psychological, and financial harm they have suffered.
1. Delay in deciding to perform a cesarean section
An unjustified delay in deciding to perform a cesarean section is one of the most common errors during childbirth. When labor is prolonged, if the baby’s heart rate drops, or a complication arises, rapid intervention is crucial. Negligence in this context can cause hypoxia, irreversible brain damage, or even death of the newborn.
In the event of medical malpractice, healthcare professionals or the healthcare facility may be held liable. Compensation may cover damages suffered, medical expenses, and future financial losses.
Example of compensation for medical malpractice during childbirth
To illustrate the steps involved and possible outcomes, let’s look at a typical case based on situations encountered in Quebec courts. A mother suffered medical negligence during childbirth: the fetal heart rate showed signs of distress, but the decision to perform a C-section was delayed. The child was born with obstetric paralysis of the arm, requiring specialized medical care and lengthy rehabilitation.
In this case, medical malpractice was established through a comprehensive review of the medical records and independent medical expertise. The medical liability lawyer demonstrated that the negligence of healthcare professionals directly caused the injury.
The compensation obtained may include:
- Medical and rehabilitation costs: all treatments necessary to manage the physical sequelae.
- Physical and psychological harm: compensation for the pain, suffering, and stress experienced by the mother and child.
- Financial losses: additional costs for home adaptations and loss of income for parents due to caregiving.
- Long-term assistance: coverage for ongoing care and support needed as the child grows.
2. Improper use of forceps or vacuum extraction
The use of these instruments requires a high level of skill. A mistake can cause serious injury: skull fractures, cerebral hemorrhages, obstetric paralysis, or neurological sequelae.
If you have been the victim of this type of medical malpractice, a specialist lawyer will be able to determine whether the medical negligence is directly responsible for the injury and take legal action if necessary.
Example of compensation for medical negligence during childbirth
A child was born with fractures and partial paralysis of the arm after forceps were used incorrectly. The specialist lawyer analyzed the medical records and sought an independent expert opinion to demonstrate that the doctor’s negligence had directly caused the injuries.
The compensation obtained may include:
- Medical expenses and intensive rehabilitation to restore the mobility and function of the affected limb as much as possible.
- Physical and psychological harm: compensation for the pain and difficulties experienced by the child and their parents.
- Financial losses: coverage of additional care, adapted equipment, and loss of income for the parents related to care.
- Long-term assistance: funding for medical follow-up and ongoing rehabilitation to support the child’s growth.
3. Overdose or incorrect administration of medication during childbirth
The administration of oxytocin to speed up labor must be carefully controlled. Excessive doses can lead to uterine hyperstimulation, fetal distress, and uterine rupture.
These medical errors, often classified as negligence, entail medical liability and may give rise to compensation for damages suffered. The evidence contained in the medical record is essential to establish the link between the error and the injury.
Example of compensation for medical error during childbirth
A mother suffered an overdose of oxytocin during labor, causing fetal distress and a complicated premature birth. The legal action involved reviewing the medical records and obtaining the opinion of an obstetrics specialist to establish a direct link between the error and the baby’s injuries.
The compensation obtained may include:
- Medical and hospital expenses: intensive care for the baby, pediatric follow-up, and additional procedures.
- Physical and psychological harm: compensation for the trauma suffered by the mother and child.
- Financial losses: reimbursement of expenses related to home care and adaptation to daily life.
- Long-term assistance: support for rehabilitation and guidance in the child’s development.
4. Failure to monitor fetal heart rate
Continuous monitoring of the baby’s heart rate is mandatory during childbirth. Failure to correctly interpret the trace or to respond quickly to abnormalities can cause severe neurological damage.
In such cases, medical negligence during monitoring constitutes medical malpractice. Compensation may cover not only immediate medical expenses but also long-term consequences, such as home adaptations and ongoing care.
Example of compensation for medical error during childbirth
A child suffered from fetal hypoxia due to inadequate monitoring. The specialist lawyer compiled all the medical documents and called on independent medical expertise to establish the liability of the healthcare professionals.
Compensation may include:
- Medical expenses and specialized rehabilitation: treatment of neurological sequelae and long-term follow-up.
- Physical and psychological harm: compensation for the pain and stress suffered by the child and parents.
- Financial losses: home adaptations and loss of parental income.
- Long-term assistance: ongoing care and rehabilitation necessary for the child’s development.
5. Diagnostic errors during pregnancy
Some medical errors occur even before the day of delivery. Diagnostic error during pregnancy (such as preeclampsia, intrauterine growth restriction, fetal abnormalities) can prevent adequate care and lead to a medical accident during birth.
Legal action can be taken to obtain compensation for the damage suffered. Lawyers specializing in medical liability use medical expertise to demonstrate that the fault committed directly caused the damage.
Example of compensation for medical error during childbirth
A misdiagnosis delayed the detection of intrauterine growth restriction. The child was born with mild neurological sequelae requiring prolonged pediatric follow-up. The specialist lawyer demonstrated medical negligence by analyzing the medical records and seeking an independent expert opinion.
Compensation may include:
- Medical expenses and specialized care for the baby.
- Physical and psychological harm: compensation for the difficulties encountered by the child and parental stress.
- Financial losses: reimbursement of home care and necessary interventions.
- Long-term assistance: ongoing support to accompany the child’s growth and development.
6. Poor management of postpartum complications
Medical responsibility does not end at birth. Errors can occur in the management of hemorrhages, infections, or respiratory distress in newborns.
If a medical error during or immediately after childbirth causes injury to the mother or child, it is possible to take action against the institution or professionals responsible. The victim of a medical error can obtain compensation covering physical, psychological, and economic consequences.
Example of compensation for medical error during childbirth
A mother suffered from postpartum hemorrhage that was not treated properly, resulting in prolonged hospitalization and temporary sequelae. The specialized lawyer used the medical file and medical expertise to prove the fault of the healthcare professionals.
Compensation may include:
- Medical expenses and additional care: treatment of complications and postpartum follow-up.
- Physical and psychological harm: compensation for the pain and stress suffered by the mother.
- Financial losses: reimbursement of additional expenses and loss of income related to convalescence.
- Long-term assistance: funding for necessary care and ongoing support for the mother and child.
Steps to take to claim compensation for medical malpractices during childbirth
If you have been the victim of medical malpractice during pregnancy or childbirth, there are several steps you can take to assert your rights to compensation for childbirth errors:
- Consult a specialist lawyer: an experienced medical liability professional will assess your case and identify any errors that were made.
- Obtain and analyze the medical file: all documents relating to the pregnancy and childbirth are used to establish fault.
- Seek medical expertise: this confirms the link between the error and the harm suffered.
- Contact the institution or insurers: your lawyer can negotiate an out-of-court settlement or prepare a legal appeal.
- Receive compensation: this covers medical expenses, physical and psychological consequences, financial losses, and long-term assistance.
This structured approach maximizes your chances of obtaining full compensation appropriate to the harm suffered. Please note the statute of limitations that applies to medical malpractice.
Assert your rights in the event of medical malpractice during childbirth
Common medical errors during childbirth can have lasting consequences. If you have been the victim of medical malpractice during childbirth, professional negligence, or a medical accident, you have rights. To protect your interests, determine whether medical liability exists, gather evidence, and take legal action if necessary, consulting an experienced medical liability lawyer is the most logical step. Contact a law firm specializing in errors committed during pregnancy or childbirth for an initial assessment of your case.
