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Pregnancy and Malpractice Problems

Taking PressureOne of the most fertile grounds for the generation of medical malpractice claims is in the care of pregnant women. There are multiple occasions during which the standard of care received by many women turns out to be substandard, but it can be difficult to pin down any actual negligence. Nonetheless, if you are expecting, it is best to be aware of potential issues that affect many women and that your doctor may be hesitant to discuss.

Prenatal Care

While most people think of pregnancy-related malpractice problems as occurring during labor and delivery, negligence may occur at any point in your medical care. Good prenatal care matters in terms of ensuring the health of the baby - potentially life-threatening conditions may occur in mother, baby, or both, if not addressed. Birth defects may be misdiagnosed or not diagnosed at all, if your physician does not conform to the appropriate standard of care. For example, if a complete medical history is not taken, your doctor may not know enough to advise you about risk factors for issues like neural tube defects or sickle cell anemia in your child.

Mothers have a tendency to worry more about the health of their baby than about themselves, but it is imperative that your doctor attend to both. Conditions like gestational diabetes or pregnancy-induced hypertension can lead to problems with your baby. Preeclampsia—a common condition in pregnant women during the second and third trimesters—for example can lead to difficulties like cerebral palsy or epilepsy.

Problems During Delivery

While delivery of a child is one of the most common procedures performed in hospitals, it is also one in which the risk of complications are among the highest. The timing of many deliveries is critical, and one second too soon or too long can make a difference between a healthy child and a child born with birth defects or other conditions. Conditions incurred due to a difficult delivery are usually referred to as birth injuries, though not every birth injury is grounds to allege medical malpractice. Common birth injuries include Erb’s and Klumpke’s palsy, cerebral palsy or paralysis of varying degrees.

A significant portion of birth injuries occur due to hypoxia, or oxygen deprivation, mostly because there are multiple ways in which oxygen deprivation can result during labor. The umbilical cord may become stuck underneath the baby, or the mother’s body may not adapt itself well to the demands of labor. While there are maneuvers designed to free a stuck baby or umbilical cord, sometimes a cesarean section is the only remedy, and sometimes that realization comes too late to prevent all effects of hypoxia. Malpractice in such instances can be a matter of degree.

Get Justice For Yourself and Your Baby

If you have been the victim of pregnancy-related medical malpractice, it may not be too late to seek redress. The compassionate San Jose medical malpractice attorneys at Corsiglia, McMahon & Allard, L.L.P. understand what it is like to experience such a betrayal of trust, and will work hard on your behalf to ensure that your family gets the compensation required to get you back on your feet. Contact us today for a free initial consultation. We serve San Jose, the Bay Area, and the counties of Alameda, Monterey, Santa Clara, San Benito, and San Mateo.

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Client Reviews
★★★★★
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.