The bereavement of having a child stillborn or dead in the womb is devastating, especially when early action could have avoided it. (If you suspect that obstetric negligence was to blame, knowing about obstetric negligence is essential for justice.)
What is Obstetric Negligence?
Obstetric negligence (or medical malpractice) is a type of negligence occurring during pregnancy, childbirth, or postnatal care that causes an injury to either a mother or her child.
Understanding the Legal Aspect of Duty of Care in Obstetrics
Healthcare providers have a legal duty of care to expectant mothers — meaning that they’re required to exercise reasonable skill and care for the sake of protecting their health and that of their baby.
What Is Breach of Duty And Its Impact
A breach happens when a healthcare professional’s conduct or inaction falls below the standard of care expected of their position. This could include mistaking risks, savings in the monitoring of the foetus, and delayed treatment, which are [inferred]. Such transgressions can have even more tragic consequences: stillbirth or miscarriage.
Key Legal Tests for Obstetric Negligence Cases
To succeed in a claim, three elements need to be established:
The health care provider owes a reasonable standard of care.
- The duty breached: They failed to provide that duty with reasonable skill and care.
- Causation: Their breach proximately caused the stillbirth/miscarriage.
- Damages: You suffered some type of non definable injury, be it emotional distress, medical bills, lost wages, etc.
Evidence Standards Required
An unnecessary aspect of medical negligence claims is the need to provide medical experts to prove that the care given did not measure up to what a competent medical provider would have provided. Clinical records, witness statements and autopsy results could also be critical.
Why Professional Services are Essential in a World of Fine Arts
Obstetric negligence claims are complex, both emotionally and legally. When you approach specialised solicitors, your case will be handled with the care and knowledge it requires. Freeman Harris Solicitors have the experience and that strong but compassionate representation that a person in your position needs to help secure the justice and compensation you deserve.
Contact Us Today
If you think medical negligence caused your stillbirth or miscarriage contact Freeman Harris Solicitors for specialist no-obligation advice and personal guidance. We will be with you every step of the way.
