Medical Malpractice During A Pregnancy
Medical professionals, particularly licensed M.D.s, hold a great deal of power over the patients they have in their charge. Nowhere is this more evident than in dealing with pregnant people; there are simply so many different scenarios in which one wrong move may lead to a life-changing injury to the newborn, the pregnant person, or both. If you have experienced an injury during pregnancy and you believe it was due to poor medical care, you may want to consult an experienced attorney.
The “Prevailing Professional Standard”
Medical malpractice is a tort (and sometimes, a crime) based in allegations of negligence and the harm that negligence did. A medical professional has a duty to act in keeping with the “prevailing professional standard of care” toward both the pregnant person and their developing fetus, and if they do not, their lack of care can be used against them in terms of holding them liable for injuries. Defining the “prevailing professional standard” of care is somewhat subjective, but in general, a doctor must act like any other prudent medical professional of similar age, experience, and ability.
The duty of care starts from the first moment of treating the pregnant person, and encompasses everything from checking for prenatal complications like preeclampsia or gestational diabetes to providing transgender-inclusive care (if necessary). If risk factors exist for potential complications during labor, a reasonably competent physician is expected to not only be aware, but to warn the pregnant person and help them act accordingly.
Be Aware Of Pre-Suit Requirements
The majority of pregnancy-related injuries tend to occur during labor, particularly if that labor is premature. The duty to exercise appropriate care persists, regardless of whatever obstacles or issues may crop up during the process – it is the responsibility of the attending physician to weigh the risks to both the pregnant person and the newborn before making a choice. Not every injury sustained during a birth can be attributed to medical malpractice, but if a physician is negligent during the process, an injured person may have a solid cause of action for medical malpractice.
Keep in mind that in order to file a medical malpractice claim in Florida, a person must not only have sustained injuries due to substandard medical care, they must also fulfill the pre-suit requirements such as obtaining an affidavit from a medical expert attesting to the validity of their claim. The complexity of legal requirements may deter some people from persisting in their lawsuit, but if you or your child have truly been injured, you deserve the chance to try and get the compensation you deserve.
Contact A Tampa Medical Malpractice Attorney
Being pregnant can be a joyous time for many people, but it is important to have a doctor you trust. If they make a mistake or are negligent toward you or your child, the fallout can be life-changing. You need a Tampa medical malpractice attorney who can offer dedicated and compassionate representation during what can be a scary time for you and your family. The Rinaldo Law Group is ready to try and assist you. Call us today for a free consultation.