The moment of a child's birth should be an experience full of joy.
However, when medical care during childbirth does not meet expected professional standards, it can become a traumatic episode with lasting consequences for the health of the mother and baby. In these cases, knowing the procedure for demanding accountability becomes a fundamental right.
This article aims to offer a clear and detailed guide for families to understand how to act when they suspect there has been a lapse in the care received. We will address each phase of the process, from identifying the problem to potentially obtaining compensation, always with the goal of empowering those in this difficult situation.
Many people feel overwhelmed and disoriented after an event of this type, not knowing who to turn to or where to start. The legal path may seem intricate, but with the right information and precise professional support, it is possible to navigate it to achieve justice. It is crucial to act promptly and methodically, gathering all available evidence and seeking specialized advice from the very beginning. The ultimate goal is not only financial compensation but also to contribute to preventing others from going through the same experience, fostering more responsible and safer medical practice.
What is considered medical negligence during childbirth?
A professional failing in the obstetric context is defined as an omission or action by healthcare personnel that deviates from accepted protocols and medical lex artis, causing avoidable harm to the mother or newborn. Not every adverse outcome necessarily implies malpractice; medicine is not an exact science. The key lies in demonstrating that the medical team did not act with the diligence, knowledge, and means expected in similar circumstances, and that this deviation directly caused the harm. We are therefore talking about a breach of the duty of care that generates civil and even criminal liability.
The examples can be very varied: from an error in the interpretation of fetal monitors that leads to failure to detect fetal distress, to an unjustified delay in performing an emergency cesarean section. Also included here are cases of hospital-acquired infections due to lack of asepsis, injuries in the birth canal from improper use of instruments such as forceps or vacuum extractors, or the incorrect administration of medications such as oxytocin. Each situation is unique and requires detailed analysis to establish whether there was indeed a causal relationship between the professional's action or omission and the harm caused.
To determine if we are dealing with such a case, an independent medical expert report is essential. This expert will analyze the complete medical history and compare the healthcare team's actions with the protocols and clinical guidelines in effect on the date of the events. Only then can a solid foundation be built for any subsequent claim. The technical complexity of these assessments underscores the importance of seeking specialized legal advice on medical malpractice during childbirth from the outset, such as that offered by Bley Abogados at https://bleyabogados.es/negligencias-medicas/negligencia-medica-parto/.
Most Frequent Errors in Childbirth Care
There are a number of failures that, unfortunately, are repeated with some frequency in court records. One of the most serious is the lack of adequate monitoring of fetal well-being during labor, which can lead to hypoxia (lack of oxygen) and hypoxic-ischemic encephalopathy, with permanent neurological sequelae for the baby. Another common error is the improper performance or delay in performing a necessary surgical intervention, such as a cesarean section, when conditions require it for the safety of mother and child.
Improper management of shoulder dystocia (when the baby's shoulders get stuck after the head emerges) is another frequent cause of injuries, such as brachial plexus palsy or clavicle fractures. Likewise, lack of skill in performing an episiotomy (cut in the perineum) or in its repair can lead to infections, chronic pain, or pelvic floor dysfunction. The lack of clear communication with the birthing person about risks and alternatives, violating their right to autonomy and informed consent, also constitutes a form of negligence.
It is essential to remember that the mere occurrence of a complication does not in itself define the existence of malpractice. What makes the difference is whether that complication could have been foreseen and avoided with medical action in accordance with good practice. Identifying these error patterns helps families understand if what happened fits within what is considered an avoidable failure. To delve deeper into the different complications that can arise, it is useful to consult information on the common problems during childbirth and their correct management protocols.
Starting the Claims Process: First Steps
The first action, after the mother and child's health has stabilized, should be to request a complete and certified copy of the medical record. This document is the cornerstone of any future claim. It includes discharge reports, partograph records, test results, signed consents, and nursing notes. It is recommended to make this request in writing, keeping a copy of the receipt, as the healthcare institution is obliged to provide it within a reasonable timeframe. In parallel, it is advisable to gather any other evidence, such as photographs, witness names, or communications with staff.
The next crucial step is to contact a lawyer specializing in medical malpractice. This professional will be able to advise on the viability of the case, assess the initial documentation, and commission the expert reports necessary to support the claim. You should not wait until all evidence is gathered before consulting an expert; their early intervention is crucial for directing the investigation effectively and avoiding errors that could harm the claim. Choosing a lawyer with proven experience in this field makes an enormous difference in the development and outcome of the proceedings.
Essential Documentation for Your Case
The strength of a medical malpractice claim lies, to a large extent, in the robustness of the documentary evidence. The main piece, as mentioned, is the complete medical record. But it is not the only one. The medical expert report commissioned by the defense, which contrasts the center's actions with the lex artis, must be attached. Reports and invoices from other professionals who have treated the victims after the incident (physiotherapists, neurologists, psychologists) are also vital, as they quantify the extent of the damage and the resulting expenses.
Likewise, it is essential to include supporting documentation for direct and indirect economic expenses: invoices for medications, treatments, home adaptations, loss of income due to work incapacity, etc. If there are permanent sequelae, medical reports must detail their nature, prognosis, and the recognized disability percentage. All this paperwork forms a dossier that will allow the judge or the hospital's insurance company to accurately assess both the liability and the amount of compensation due.
Legal Deadlines for Filing a Lawsuit
The law establishes very strict periods of expiration and prescription for bringing such an action, the calculation of which varies depending on the chosen route. In civil proceedings, the general statute of limitations is one year, which begins to count from the date the damage occurred or, more relevantly, from the moment the affected person had certain knowledge that this damage was a consequence of possible negligence. This latter nuance is crucial, as sometimes the after-effects or their causal relationship with childbirth are not immediately evident.
If the criminal route is chosen, the timeframe is longer, but it requires proving the existence of a crime of professional negligence. Given the complexity of these calculations and the serious consequences of letting time pass (the irrevocable loss of the right to claim), we insist on the need to consult with a specialist as soon as possible. They will determine the most appropriate legal strategy and ensure that all deadlines are scrupulously met, avoiding unpleasant surprises that could undermine all the work done.
Economic compensation for damages and losses
The compensation that may arise from a successful case aims to repair, as far as possible, all the damages suffered. These are classified into several categories. Firstly, there are patrimonial damages, which include both emergent damages (past and future medical expenses, adaptations, special care) and lost profits (loss of income and earning capacity). Secondly, there are non-patrimonial damages, which seek to compensate for physical and moral suffering, impairment of quality of life, aesthetic and functional sequelae, and moral damage to the family.
Quantification is not an exact science and depends on multiple factors: the severity of the after-effects, the victim's age, the impact on their life project, and the legal scales used (such as the usual traffic accident scale, which is often applied by analogy). In cases of very severe injuries in newborns, compensation can be high to cover a lifetime of specialized care. The objective of compensation is to provide the victim and their family with the means to face the new circumstances with the greatest possible dignity and resources, without it constituting unjust enrichment.
The Role of a Medical Malpractice Lawyer
A lawyer dedicated exclusively to this field not only knows the legislation but also the methodology of medical practice and the language of clinical reports. Their intervention is key to translating a complex and painful medical event into a solid legal argument. They act as a coordinator between the client, medical experts, courts, and, where applicable, insurance companies. Their work begins with an exhaustive evaluation of the case's viability, continues with the meticulous construction of the evidentiary strategy, and culminates in the firm defense of their clients' rights during negotiation or trial
This professional will alleviate the emotional and bureaucratic burden on the family, guiding them through every decision. Their experience allows them to anticipate the healthcare entity's defense tactics and prepare effective counterarguments. Furthermore, they often work on a "contingency fee" basis, meaning their fees are typically linked to the outcome obtained, aligning their interests with those of the client and reducing the initial financial risk for the family. Having an experienced advocate is undoubtedly the smartest investment in this process.
- Evaluation of medical records and tests
One of the most delicate and decisive tasks performed by lawyers, in collaboration with medical experts, is the forensic analysis of the medical record. This examination seeks inconsistencies, omissions, delays in entries, or deviations from protocols. The partograph (the graph that records the progress of labor), monitoring results, administered medication dosages, and response times are meticulously reviewed. Any anomaly can be the piece that completes the puzzle of negligence.
This research work is not limited to paperwork; it often involves consulting with other independent specialists to obtain second opinions on the appropriateness of the treatment received. The objective is to construct a chronological and technically impeccable account that demonstrates, with a high degree of probability, the causal link between deficient medical practice and the resulting harm. Without this robust expert foundation, a claim has little chance of succeeding, however evident the error may seem to lay eyes.
- Negotiation and judicial process
Before reaching a court, there is almost always an out-of-court negotiation phase with the hospital or healthcare facility's insurer. At this stage, the lawyer presents the substantiated claim, with all expert reports, and seeks to reach an agreement on compensation. An experienced negotiator knows the market values for cases and understands when an offer is fair and when it is insufficient, preventing their clients from accepting amounts far below what they would be entitled to in a trial. This route is generally faster and less emotionally draining for the family.
- Conciliation phase
In many proceedings, it is mandatory or highly recommended to attempt conciliation before a mediation service or a medical professional body. This is a formal meeting where the parties, assisted by their lawyers, present their positions to a neutral third party. Although an agreement is not always reached, it is an opportunity to demonstrate the strength of the case and, on occasion, to force a better offer from the insurer. A good lawyer prepares this phase with the same rigor as a trial, as its results can be definitive.
- Trial and sentence
If negotiation and conciliation fail, the next step is the judicial route. The lawyer will draft the lawsuit, which must be a technical and convincing document, and will present all documentary and expert evidence. During the trial, they will conduct interrogations of experts and witnesses, and make final arguments before the judge. This process can be lengthy and requires meticulous preparation. The judgment, which can be appealed, will definitively establish whether there was liability and set the amount of compensation, if applicable
Facing the consequences of potential negligence at such an intimate and vulnerable time as childbirth is an overwhelming challenge. However, families are neither alone nor defenseless. The legal system offers mechanisms to investigate what happened, demand accountability, and obtain redress that helps rebuild lives. Knowledge is the first step toward action: knowing what constitutes a failure, how it is documented, and what legal steps to follow makes the difference between helplessness and the active pursuit of justice.
Acting with speed, seeking the support of a specialized professional, and not fearing the process are fundamental keys. The claim not only pursues financial compensation; it is also an act of dignity, a way of demanding that quality and safety standards in healthcare are always respected. Protecting the rights of the mother and newborn after an adverse event is, ultimately, a way of honoring the trust we place in healthcare institutions and contributing to their continuous improvement for the benefit of all