Childbirth is a profound event — both physically and emotionally.
Doctors and midwives have a duty to act with the utmost care during pregnancy, childbirth and aftercare. However, when mistakes are made, the consequences can be enormous: permanent injury to the mother or child, complications at birth, or even death.
In this blog we explain “when a birth is legally considered to have gone wrong”, who is liable, and what you as a parent can do if there is harm caused by medical errors during or around childbirth.
What is meant by a medical error during childbirth?
There is a medical error during childbirth if a doctor, midwife, or nurse does not act as may be expected of a reasonably competent healthcare provider.
These are situations in which:
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signs of complications were recognized too late;
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medical interventions (such as cesarean section, vacuum extraction, or forceps delivery) were performed unnecessarily late;
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the wrong medication or dosage was administered;
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or the baby’s heart rate or condition was insufficiently monitored.
In short: if a healthcare provider deviates from the professional standard and damage results, there may be medical liability.
Common mistakes during pregnancy and childbirth
Medical errors in childbirth can occur at various times: during pregnancy, during the birth itself, or immediately afterward.
Some common situations include:
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Delayed intervention in case of complications
For example, with impending oxygen deprivation (fetal distress) or a stalled labor. If doctors intervene too late, this can lead to brain damage or oxygen deprivation in the child. -
Incorrect interpretation of CTG or heart tracings
Failing to notice abnormal heart rate patterns is one of the most common causes of liability in obstetric cases. -
Incorrect use of instruments
Consider improperly performed forceps deliveries or vacuum extractions, which can lead to skull injuries or brain hemorrhage in the child. -
Inadequate postpartum care
Sometimes things go wrong because maternal complications, such as postpartum hemorrhage or infections, are detected or treated too late. -
Poor communication or handover
Poor handover between the hospital and the midwifery practice, or between different doctors, can lead to serious misunderstandings.
Harm to mother and child
The consequences of medical errors during childbirth can be severe, both physical and psychological.
For the mother:
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Bleeding or infections due to inadequate postpartum care;
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Damage to the bladder, pelvic floor, or nerves;
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Post-traumatic stress or depression after a traumatic birth.
For the child:
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Brain injury or brain paralysis (such as cerebral palsy) due to oxygen deprivation;
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Physical abnormalities or fractures;
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Developmental delay due to complications at birth.
When such harm is the result of negligent conduct, there may be liability for medical error.
Read more about this topic in our blog Medical liability: when is a doctor or hospital liable?.
Who is liable in the event of a childbirth error?
Liability depends on who made the error and under whose responsibility the care was provided:
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Was the error made in the hospital? Then the hospital is liable for the actions of its doctors, midwives and nurses.
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If the midwife worked independently (outside the hospital), then she or her practice can be directly liable.
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Sometimes there is joint liability, for example in cases of inadequate handover between the hospital and the midwifery practice.
It is therefore important to determine precisely who provided the care at the time of the error.
Our lawyers carefully examine this using your medical file and the protocols that applied at the time.
Evidence and medical assessment
In cases involving obstetric errors, the medical substantiation is crucial.
It is assessed whether the healthcare providers involved acted in accordance with the applicable guidelines and protocols.
A medical advisor assesses:
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whether there were signs of complications that should have been recognized earlier;
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whether timely action was taken;
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and whether the care provided met the professional standard.
The outcome of this assessment is often decisive for the question of whether there is medical error and liability.
Read more about legal evidence in our blog Causal link in medical errors.
Compensation for medical errors around childbirth
If it is established that the damage is the result of a medical error, both for mother and child Compensation can be claimed.
That compensation can consist of:
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medical expenses (including future care and rehabilitation);
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loss of income for the parent(s);
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costs of assistive devices, transport, or home modifications;
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care costs or support for the child;
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and non-pecuniary damages for pain, suffering, and loss of enjoyment of life.
In the case of permanent injury to a child, compensation can amount to lifelong payments, depending on the severity of the limitations and the care required.
Read more about this in our blog How can you calculate pain and suffering compensation?.
Limitation periods and time limits for birth injuries
Specific limitation periods apply to medical errors around childbirth.
For parents, in principle, a limitation period of five years from the moment they know (or could reasonably have known) that something went wrong.
However, for children, the the limitation period only begins to run on their 18th birthday.
This means that a child with birth injuries can often bring a claim up to the age of 23.
You can read more about this in Limitation period in medical liability cases.
Psychological consequences and acknowledgment
Many parents experience feelings of powerlessness, sadness, or guilt after a delivery that went wrong.
In addition to financial compensation, acknowledgment of what went wrong is often at least as important.
A liability claim can help to obtain clarity about what happened — and to prevent recurrence in other patients.
Our lawyers support you not only legally, but also on a human level, with attention to the emotional impact of your experience.
Why legal assistance is essential
Medical errors during childbirth are among the most complex liability cases.
The combination of medical knowledge, legal expertise, and sensitivity to human impact is essential.
At Arslan Advocaten experienced personal injury and health law lawyers work together with medical advisors and experts in the field of birth injury.
We ensure that:
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all medical information is secured,
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experts independently assess the error,
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and that you receive the maximum compensation you are entitled to.
Our service is free of charge for victims, because we recover our costs from the liable party.
Why choose Arslan Advocaten?
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Specialized in medical errors during childbirth
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Collaboration with medical experts in the field of birth injury
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Free legal assistance for parents and children
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Focus on both compensation and recognition
We stand by parents and children in the most difficult situations – with expertise, care, and determination.
Frequently Asked Questions
What qualifies as medical error during childbirth?
A medical error occurs when a healthcare provider fails to act as a reasonably competent professional would, such as recognizing complications late or administering incorrect medication. If such deviations cause harm, liability may be involved.
What are common types of medical mistakes during childbirth?
Common mistakes include delayed intervention during complications, misinterpretation of fetal heart monitoring, improper use of instruments, inadequate postpartum care, and poor communication between medical staff. These errors can lead to serious injuries for mother and child.
What kinds of harm can result from medical errors during childbirth?
Harm can include brain injury, cerebral palsy, fractures, and developmental delays for the child, as well as bleeding, infections, nerve damage, or psychological trauma for the mother. These damages can have lifelong consequences.
What legal options do I have if my child or I are harmed due to medical errors during childbirth?
If negligence caused harm, you may have grounds for a medical liability claim to seek compensation for damages. It is important to consult a legal professional to assess your case and explore your rights.
