When Mothers Suffer Injuries During the Childbirth Process

Childbirth is supposed to be the beautiful and exciting start to a new family. An act of medical negligence can change that forever. In situations when the mother has survived the birth, but is dealing with her own injuries while trying to care for a newborn, it can create difficulties for the family – but when a mother dies during childbirth, the family may be paralyzed with grief and must face the challenges that lay ahead. If the mother’s injuries, and any injuries to the infant, were caused by the negligent action or failure to take necessary action by the mother’s medical team, the family may have grounds for taking legal action against those responsible for her injuries or wrongful death.

Traumatic birth syndrome

Traumatic birth syndrome describes the mental and psychological pain that the mother suffers when she has survived a childbirth experience where either she, her baby or both suffered injuries or medical complications related to the birth experience. The effects of some of these injuries will resolve themselves and heal over time, but the psychological trauma, which might even rise to the level of Post-Traumatic Stress Disorder (PTSD), can linger and make it challenging for the mother to care for herself, bond with and care for her newborn.

Birth injuries to the mother

Some of the types of birth injuries that can lead to traumatic birth syndrome in the mother may include:

• Uterine rupture
• Placental abruption
• Perineal fissures and tears
• Episiotomy
• Injuries from the use of forceps
• Pre-eclampsia, eclampsia
• Caesarian section complications

Medical malpractice as the cause of maternal wrongful death in childbirth

To prove that it was indeed medical malpractice that was the cause of the injury, the plaintiff (the person brining the claim) must be able to prove a direct line of causation between the actions or inaction of the medical professional and the injury. This can be complicated, and it involves a thorough investigation of the incident and the expert witness testimony of another doctor. You may be entitled to compensation to cover your medical expenses, lost wages, and pain and suffering if you prevail in your legal action. While suing your doctor or the hospital will not make the injury vanish, it is intended to hold the responsible medical professionals responsible, and it could help improve safety procedures in that facility.

Wrongful death in childbirth

You may think that women dying in childbirth is something that used to happen in the past, but it still occurs to this day. When a woman loses her life in childbirth, there are often signs and symptoms leading up to the emergency that were missed, or not carefully monitored by medical personnel. Failing other underlying medical conditions such as heart disease, there are very few reasons for maternal death in childbirth that cannot be traced to the negligence of a medical professional.

Surviving family members can file a wrongful death action in South Carolina to recover compensation for the loss of a loved one due to medical malpractice within three years of the date of death. Damages can include compensation for funeral and burial expenses, medical expenses, loss of consortium for the spouse, and pain and suffering for the family members who survive.

You did not plan on the fact that you might suffer an injury during the birth of your child. If you or your baby suffered an injury during birth that was caused by the negligent actions or failure to act on the part of your medical team, we are here to get justice for you. You may have grounds to pursue legal action against the responsible party. You are welcome to schedule a free case review where you can talk to an experienced South Carolina birth injury attorney from the law firm of McGowan, Hood, Felder & Phillips LLC. We can evaluate your case and help get you the compensation you deserve. Call 803-327-7800 or contact us today for a free consultation.