Unfortunately, live births in New York are not without incident. A number of things can go wrong that could injure both the mother and the child. Many of these injuries can be the fault of the doctor or other medical personnel that are present during the delivery.
The doctor must exercise ordinary and reasonable care
The doctor has a legal obligation to use reasonable care in treating the mother throughout the pregnancy. This includes monitoring the mother and child for potential complications. Many of the potential causes of a birth injury are things that the doctor should know in advance if they were acting as a reasonable physician. If there is any chance that the mother or child could be injured, the reasonable doctor would usually order a C-section delivery and not allow the risk of natural childbirth.
The physician must opt for a C-section if there are risks
The same is true in the actual delivery. Many birth injuries happen because the child has been in distress, and the doctor was not quick enough to stop the delivery and perform a surgery. The doctor should be monitoring baby’s condition throughout the delivery. Allowing the delivery to go on for too long could place the baby at risk, especially when there is an oxygen cutoff. Babies could suffer a stroke or end up with other conditions that are the result of brain damage. If there is a rough physical delivery, they could also suffer nerve damage that could be permanent.
If the mother or child has been injured during childbirth, they have a possible case against the medical professional responsible for the harm. Medical malpractice lawsuits can be complex, and they require expert proof that the doctor failed to exercise the requisite standared of care.