Childbirth is a significant event, both physically and emotionally. Doctors and midwives have a duty to provide the utmost care during pregnancy, childbirth and aftercare. However, when mistakes are made, the consequences can be enormous: permanent injury to mother or child, complications during birth or even death. In this blog, we explain when childbirth can legally be considered to have gone wrong, who is liable, and what you as a parent can do if there has been damage due to medical errors during or around childbirth. We also answer the question: What is meant by a medical error during childbirth? For there to be a medical error during childbirth, a doctor, midwife or nurse must have failed to act as a reasonably competent healthcare provider would have. This refers to situations in which signals of complications were recognized too late, medical interventions (such as cesarean section, vacuum extraction or forceps delivery) were unnecessarily delayed, the wrong medication or dosage was administered, or the baby’s heart rate or condition was insufficiently monitored. Simply put, if a healthcare provider deviates from the professional standard and causes damage, there may be medical liability. Medical errors during childbirth can occur at different stages: during pregnancy, childbirth itself or immediately afterwards. Some common situations include delayed intervention in complications, incorrect interpretation of CTG or heart trace recordings, incorrect use of tools, insufficient postnatal care, and poor communication or handover. The consequences of medical errors during childbirth can be serious, both physically and psychologically. For the mother, these may include bleeding or infections due to inadequate aftercare, damage to the bladder, pelvic floor or nerves, post-traumatic stress or depression after a traumatic childbirth. For the child, potential consequences might include brain damage or cerebral palsy due to oxygen deprivation, physical abnormalities or fractures, or developmental delay due to complications during birth. If this damage is the result of culpable actions, there may be liability for medical error. More on this topic can be found on our blog: ‘Medical Liability: When is a Doctor or Hospital Liable?’. Liability depends on who made the mistake and who was responsible for providing the care. We carefully investigate this based on your medical file and the protocols applicable at the time. In cases concerning childbirth errors, the medical substantiation is crucial. It examines whether the caregivers involved acted in accordance with the relevant guidelines and protocols. Based on this assessment, it is often decided whether there has been a medical error and liability. Our lawyers provide not only legal, but also human guidance, with attention to the emotional impact of your experience. Medical errors in childbirth are among the most complex liability cases. The combination of medical knowledge, legal expertise, and sensitivity to human impact is essential. Our lawyers work closely with medical advisors and experts in the field of birth injury. Once it is established that the damage is due to medical error, both mother and child may claim compensation. This can consist of medical costs (including future care and rehabilitation), loss of parental income, costs for aids, transport or housing adaptation, care costs or guidance for the child, and compensation for pain, suffering, and loss of enjoyment of life. We ensure that all medical information is secured, the error is assessed independently by experts, and you receive the maximum compensation you are entitled to. Our legal services are free for victims as we recover our costs from the liable party. We assist parents and children in the most difficult situations – with knowledge, care, and determination.
