Can a Mother File a Malpractice Lawsuit If She Is Injured During a Delivery?

Posted on August 27, 2014 at 12:00pm by

Did you know that you could file a lawsuit against your healthcare provider if you suffered injuries during your child’s birth? Often, we blog about children’s birth injuries; however, it is also not uncommon for a mother to be injured during the birthing process because of the negligence of a medical provider.

Medical malpractice lawsuits during birth are necessary—just like you can file a case on behalf of your child for injuries, you can also file a lawsuit if you sustain injuries during a delivery.

Recently, the Cedar Rapids Gazette in Iowa reported that a jury awarded a couple over $300,000 in damages after a mother suffered injuries during labor. According to the paper, Jill Fisher, 29, suffered several injuries during her child’s delivery in 2011, including stretching and tearing of muscles, ligaments, tendons and cartilage of her hip and upper leg.

This reportedly occurred because during the delivery process her right leg fell out of one of its stirrups when she was positioned to give birth. According to her lawsuit, the nurse helping during Fisher’s delivery did not properly secure the device and looked away when the incident occurred. The mishap allegedly took place at the Mercy Medical Center.

Fisher reportedly had to undergo surgery to repair the cartilage in her right hip and had two injections for pain in her hip and back following the incident. She also missed two months of work and her job had to be restructured upon her return due to her injuries.

According to the Gazette, a jury awarded Fisher and her husband damages for past and future medical expenses, past and future physical and mental pain and suffering and the loss of future earnings.

Can I File a Malpractice Lawsuit If My Child’s Delivery Was Botched?

As we mentioned earlier, aside from a birth injury lawsuit on behalf of your child, you may also file a malpractice lawsuit if you were injured during a delivery. We can help you with this—one of our lawyers, Ryan Krebs, is both a medical doctor and an attorney—he understands the complexity of medical malpractice cases.

Additionally, if your child suffered brain injuries, cerebral palsy or fetal death because of a botched delivery, we can help you obtain damages for his or her plight. Call us today and let us investigate your case—people should not have to suffer through a life of pain because of the recklessness of a medical care provider.

[Did You Know: Vacuum extraction can cause cuts, swelling of the scalp, bruising and blood clots if not performed properly during birth.]

Cappolino Dodd Krebs LLP – Birth Injury Attorneys