Car Accidents and Lawyers to Reduce Stress

Posted on: 28 January 2015

Medical malpractice isn't the most fun thing to address--especially when it concerns your pregnancy. However, learning about personal injury issues you may face shouldn't scare you; rather, it should empower you to make the best decisions for you and your baby. Read on to learn more about some malpractice scenarios and how a birth plan can help you prove your case.

What Malpractice Issues Could You Face Before Birth? 

Many personal injury claims are based on the legal definition of "negligence." Medical negligence can occur when your doctor fails to take appropriate action or he or she acts carelessly enough to cause harm. Here are some possible malpractice scenarios you could face during your pregnancy:

• The doctor fails to notify you about possible birth defects
• The doctor fails to notify you about serious or even life-threatening issues (ectopic pregnancy, gestational diabetes, etc.)
• The doctor fails to notify you about passing on a disease to your child

Not only can these issues do you physical harm, but they can be grounds for emotional damages since you may be distressed about the injury of the fetus. While it can be easy to take your doctor's professional word as gospel, you shouldn't hesitate to voice concern about these scenarios. As you can see, it's imperative to find a professional that doesn't only have credentials, but one that addresses your questions and makes you feel comfortable.

What Malpractice Issues Could You Face During Birth?

Some women are unconcerned with cesarean sections, but new research suggests that they should be avoided if you're a low-risk pregnancy. If your doctor is pushing you towards a C-section, he or she should have a good reason for it. Some other malpractice scenarios you'll want to be aware of include:

• Your doctor not using the vacuum extractor or forceps in an appropriate situation

• Your doctor not anticipating complications such as a tangled umbilical cord 

• Your doctor not paying attention to the distress of the baby 

What is a Birth Plan and How Can it Reduce Malpractice Issues?

Coming up with a comprehensive birth plan is a great way for expectant mothers to feel confident and in control since pregnancy and delivery can be chaotic. You can find many templates online that address both your labor and postpartum preferences. Remember, this plan is more of a guideline since you can't really know what's going to happen the day of delivery. However, you can give your birth plan to your caregiver, and they will have a better idea of what you want and expect.

Since negligence can be hard to prove (it's your word against your doctor's word), the birth plan is great because it gives some solid evidence. The plan illustrates whether or not your wishes were considered. And if your doctor deviated from your birth plan, he or she will have to provide some sound reasoning for doing so.

If you are feeling violated in any way by health professionals during your pregnancy, you should consult with a personal injury attorney (such as those at Solomon, Sherman & Gabay) as soon as you can. He or she will be able to determine if you have a case.