Women often experience some degree of discomfort when they give birth. While some pain is to be expected, extreme injuries, like fractures, should not occur. Nonetheless, some women sustain a fractured pelvis during birth. In many instances, such harm is preventable and only occurs because of a doctor’s failure to provide a patient with appropriate care. Fortunately, the law permits women harmed by the negligence of their doctors to seek compensation for their losses. If you sustained a pelvic fracture while giving birth, you should contact an attorney to discuss your rights. The trusted Baltimore medical malpractice attorneys of Arfaa Law Group are dedicated to helping victims of medical negligence seek justice, and if you hire us, we can assess the circumstances surrounding your losses and advise you of what damages you may be able to recover.
Preventing a Fractured Pelvis During BirthDuring the process of giving birth, pressure from the infant’s head can fracture the bones of the pelvis, such as the coccyx. Pelvic fractures can be extremely painful and can take months to heal. Risk factors for sustaining a pelvic fracture during birth include an infant that has a high weight, rapid delivery, osteopenia or osteoporosis, and lumbar lordosis. If a woman presents with one or more risk factors, their OB-GYN should assess whether to perform a C-section to prevent a fracture from occurring.
Pursuing Claims for a Fractured Pelvis During BirthExpectant mothers generally expect their treatment providers to offer them competent care. Doctors that recklessly overlook factors that require intervention during the birth process, subsequently causing their patients harm, may be deemed negligent and owe the patient compensation for medical malpractice.
In Maryland, a plaintiff that seeks to prove a defendant was negligent must first show that the defendant owed them a duty. In medical malpractice cases, the duty owed is to comply with the applicable standard of care, which is the care that a competent practitioner working in the same specialty as the defendant would render when faced with a similar situation. Next, the plaintiff must show that the defendant breached the duty owed. For example, if the standard requires that a doctor perform a C-section when a fetus is over a certain size and the defendant failed to do so, it may constitute a breach of the duty owed. Last, the plaintiff has to demonstrate that the defendant’s breach proximately caused the plaintiff to suffer actual losses. In other words, that the plaintiff would not have sustained injuries but for the defendant’s breach.
In many instances, the defendant will argue that the losses sustained were either inevitable or were caused by something other than their negligence. As such, a plaintiff in a medical malpractice case will usually have to hire an expert to explain the applicable standard of care to the judge or jury and the manner in which the defendant deviated from the standard. Expert testimony is also needed to link the breach to the plaintiff’s ultimate harm.
If a plaintiff proves a defendant is responsible for their losses, they may be awarded damages for the cost of their medical care, lost wages, and out-of-pocket expenses. They may also be able to recover compensation for their suffering, pain, and mental anguish.
Talk to an Experienced Baltimore AttorneyPelvic fractures are not only painful, but they also can cause lifelong impairment, and when they are the result of incompetent medical care, they may be grounds for pursuing a medical malpractice claim. If you sustained a pelvic fracture while giving birth because of your doctor’s carelessness, it is in your best interest to talk to an attorney about your rights. The experienced Baltimore lawyers of Arfaa Law Group are mindful of the devastation medical errors can cause, and if you engage our services, we will work tirelessly to help you seek a just outcome. We have an office in Baltimore, where we regularly represent parties in medical malpractice lawsuits. You can reach us by calling (410) 889-1850 or using our online form to set up a confidential and free meeting.