Disclaimer: This article should not be considered as legal advice, but a reference on what you should do in case you are involved in a case similar to this. It is better to consult with your attorney when it comes to the appropriate legal actions you can take. Consulting a medical professional can also help in giving concrete medical advice regarding your condition.
Pregnancy is a waiting game. Nine agonizing months of waiting and worrying. However, there is nothing like seeing your baby for the first time. The moment you hear the first cry will bring you to tears. Being a mother is one of the most exciting experiences a woman could have.
Sadly, not all child births end in happiness. Some mothers are left disabled after birth. An experience that is supposed to bring happiness to a mother can be a tragic one instead. If you find yourself in a similar situation, you can file legal claims if you prove that there is negligence on the part of your midwife, doctor or hospital. You may also find it useful to apply for long term disability insurance, which the professionals here can help you find more information.
What Are the Causes?
Disability after pregnancy or giving birth can arise from several causes. Some of these causes include:
- SPD. SPD stands for Symphysis Pubis Dysfunction. This medical condition usually affects pregnant women. The two pubic bones or ligaments that helps align the pelvic bone become very stretchy and relaxed. This causes the pregnant woman to feel pelvic pains. Symptoms of SPD are:
- Back pain
- Difficulty in walking
- Excruciating pain in the pelvic area
- Pain during the night
SPD can occur at any moment during the pregnancy. Pregnant woman are often instructed to wear a pelvic girdle or a support belt for the pelvis. For intense pain, those who suffer from SPD are often prescribed pain relievers and medication.
- Negligence. Negligence is the failure to perform the standard of care that is expected or required. Negligence usually leads to physical injuries or even a death of a person. If you are a pregnant women and you can prove that there is negligence on the part of the hospital, medical practitioner of the midwife, you may file for a claim against them.
Some examples of medical negligence include:
- Delays in the C-section
- Improper use of medical tools
- Prescribing the incorrect medication dosage
- Wrong administration of anesthesia
Being left disabled for the rest of your life is a tragic way to start your motherhood journey. However, you can file legal action against the negligent party that caused your condition.
What Are the Legal Actions You Should Take?
Taking legal actions against the party that caused your disability after birth requires you to be detailed and documented. Unlike drunk driving accidents where it is easier to prove which party is at fault, medical negligence requires thorough evidence.
Here are the things you should consider legally if you are planning on filing a claim against the negligent medical professionals:
- Take pictures of your condition. You need to take pictures of your current condition. Minor scratches or major injuries should be documented. This will serve as additional evidence for your claim.
- Get copies of your medical chart. Your medical chart will also serve as evidence if there is any form of neglect on the part of your doctor or hospital. Your medical chart must include the procedures that were done to you as well as the kind of medication that was prescribed for you.
- Keep your medical bills and receipts. In order to get your claim, the amount will also be based on your medical bills as well as your receipts. They will also be helpful in determining the financial burden that your condition caused you.
- Do not speak directly with the negligent party. Some hospitals or medical professionals would want to go straight to you in order to talk about your case. Avoid this type of instance and direct them to speak with your lawyer instead. Talking directly with the negligent party may lessen your chances of making a claim.
- Hire a competent lawyer. Getting an experienced lawyer is helpful in filing for claims against the negligent party. Your lawyer will help you in the different steps you need to take before making a claim. This may include:
- Gathering of evidence
- Building an argument for the claim
- Determining the amount of the claim
- Consult everything with your lawyer. Do not withhold any important details from your lawyer. Consult everything with him or her before you do anything that may be related to your case.
Being pregnant is hard work, as mothers experience different changes in their bodies. However, it is harder for the mother if giving birth may cost them their normal life. Becoming disabled after giving birth is one of the most difficult experiences a mother could face. Pursuing this kind of case legally helps give closure to the mothers. It is important to be prepared to increase your chances of getting a claim.
Andrew Nickleson – Andrew is a passionate writer, writing about disabilities and the law. He has written about many subjects aimed to help those who have questions unanswered. In his spare time he enjoys working on volunteering for those less fortunate.