pregnant women sitting in a circle in a class
30 May

Medical Malpractice in Maternity Care: How Personal Injury Lawyers Support Victims

Medical malpractice in maternity care is a distressing reality that can lead to issues for both the mother and her newborn. According to a recent CDC Vital Signs report, “21% of women surveyed reported experiences of mistreatment during pregnancy and delivery care.” When healthcare providers fail to meet the standard of care expected during childbirth, the results can be life-changing.

Personal injury lawyers play a crucial role in helping malpractice victims navigate the complex legal landscape and seek the compensation they deserve. Read more to understand what to do if you or your baby experience medical malpractice.

Understanding Medical Malpractice in Maternity Care

Medical malpractice in maternity care involves negligence or omission by healthcare providers that results in harm to the mother or child during pregnancy, labor, or delivery. Common instances include:

  1. Delayed or Incorrect Diagnosis: Failing to diagnose conditions such as preeclampsia, gestational diabetes, or infections can endanger both mother and baby.
  2. Improper Monitoring: Inadequate monitoring of fetal distress, vital signs, or labor progression can lead to severe complications.
  3. Surgical Errors: Mistakes during C-sections or episiotomies can cause significant injury.
  4. Medication Errors: Incorrect administration of drugs can have dangerous repercussions.
  5. Birth Injuries: Injuries like cerebral palsy, Erb's palsy, or brain damage often result from improper use of delivery tools or failure to act promptly during distress.

The Role of a Personal Injury Lawyer

When a family is dealing with the aftermath of medical malpractice in maternity care, we highly recommend consulting with a personal injury lawyer first thing. Medical malpractice cases can be complex, and a lawyer specializing in medical malpractice will help you take all the necessary measures to build your case. Here’s what we can do for you:

  1. Case Evaluation: Personal injury lawyers start by evaluating the merits of the case. This involves reviewing medical records, consulting with medical experts, and determining whether the standard of care was breached.
  2. Gathering Evidence: Building a strong case requires thorough evidence collection. This includes obtaining medical records, eyewitness accounts, and expert testimonies to establish negligence and causation.
  3. Navigating Legal Procedures: Medical malpractice claims involve complex legal procedures and strict deadlines. Personal injury lawyers guide victims through the process, ensuring all paperwork is filed correctly and on time.
  4. Expert Consultation: Personal injury lawyers often work with medical experts who can provide insights into the standard of care and how it was breached. These experts are crucial for substantiating claims in court.
  5. Negotiating Settlements: Many malpractice cases are settled out of court. A skilled personal injury lawyer negotiates with insurance companies and healthcare providers to secure fair compensation for the victims.
  6. Court Representation: If a fair settlement cannot be reached, a personal injury lawyer will represent the victims in court, presenting a compelling case to seek justice and fair compensation.

At Carrillo Injury Law, we understand that medical malpractice in maternity care has devastating effects on families. That’s why we’re prepared to help victims seek justice. If you or someone you know has suffered from medical malpractice, contact us at or 352.371.4000 for a free consultation.