For a disability to be considered the result of malpractice, the doctor must have acted negligently. They must have taken an action – or failed to take an action – that deviated from the typical standard of care.
Medical malpractice includes failure to diagnose (or a delayed diagnosis), incorrect treatment, or a lack of information. Medical negligence during childbirth cases may look like:
Failing to inform the mother about the risks of a treatment option, such as using forceps or vacuum assistance.
Failing to diagnose the mother with a uterine rupture in a timely manner leading to a delayed cesarean delivery and oxygen deprivation for the baby.
Misuse of drugs such as pitocin and misoprostol to augment labor despite contraindications.
Learn more about the criteria needed to establish medical malpractice here.