Who Can Be Held Liable in Maternity Negligence Cases?
Having a baby is supposed to be a beautiful moment. Something life-changing in the best way possible. But what if it’s not? What if, instead of happiness, you’re left with pain and the huge question of “What went wrong?” Or worse, “Could this have been prevented?”
This is where maternity negligence cases come into play. They’re not just about things going badly during pregnancy or birth. They’re about mistakes that shouldn’t have happened. When a mother or baby gets hurt because someone didn’t do their job properly, figuring out who’s responsible is essential. It’s not easy, though, and for families in Ohio, knowing your rights is critical to getting the justice you deserve.
What exactly is maternity negligence?
Imagine this. You rely on doctors and nurses to take care of you during one of the most vulnerable times in your life. You trust they know what they’re doing. But sometimes, they don’t. Maternity negligence happens when the care provided to a pregnant person or their baby doesn’t meet basic medical standards. And that failure can lead to serious harm.
We’re not talking about unavoidable complications. Those are sadly part of life. This is about mistakes that could’ve been avoided. Like, say, a doctor ignoring signs of preeclampsia, brushing it off as “normal pregnancy symptoms.” For some families, those mistakes change everything.
Some call it obstetric negligence, but it means the same thing: negligence during maternity care that leads to unnecessary suffering or injury.
These mistakes happen in different ways:
- Missing a critical diagnosis during pregnancy, like gestational diabetes
- Failing to act during a labor emergency, like delaying a needed C-section
- Misusing delivery tools, like forceps, which can hurt both mom and baby
When moments like these occur, it’s not just bad luck. It’s important to hold someone accountable.
Who can be held responsible in maternity negligence cases?
Who do you hold accountable when something goes wrong during pregnancy or birth? Is it the doctor? The nurse? The hospital? Sometimes, it’s one of them. Other times, it’s a combination. The answer really depends on what happened, when it happened, and what should have been done instead.
Doctors and OB-GYNs
When things go wrong during pregnancy or birth, most people immediately think it’s the doctor’s fault. Doctors are the ones in charge, and they make the big calls, so sometimes it is their fault. They decide if labor needs to move faster, if a complication is serious, or if something needs urgent attention. But what happens when they miss something obvious or hesitate when action is needed? That’s when real damage can happen.
Imagine you’re in labor, and your baby’s heart rate starts dropping. It’s right there on the monitor, clear as day. But the doctor doesn’t act quickly enough. Instead of rushing to prep for an emergency C-section, they wait, hoping things will stabilize on their own. Sometimes, those minutes of waiting are the difference between a healthy baby and one that now faces long-term challenges, such as brain damage. This is the kind of situation that often leads to maternity negligence claims.
Doctors are supposed to know better. That’s the bottom line. When they miss warning signs or fail to follow through on crucial care, lives are changed forever. And in a lot of maternity negligence cases, it’s that hesitation or oversight that leaves families searching for answers and accountability.
Doctors aren’t perfect. But when it comes to obstetric negligence, the mistakes they make in critical moments can have lifelong consequences. This is why families who’ve been impacted by birth medical negligence cases often point to the decisions their OB-GYNs made (or didn’t make) as the root of the tragedy.
Nurses and medical staff
Doctors aren’t the only ones in that delivery room or taking care of a pregnant patient. Nurses are there, too, constantly monitoring, administering medications, and charting symptoms, among other things.
What happens if they slip? Maybe they don’t catch a sharp rise in blood pressure that hints at preeclampsia. Or maybe they forget to update the doctor about concerning changes in the baby’s vitals. These may seem like little things, but they can lead to devastating consequences. That’s when maternity negligence cases start to include nurses, too.
Midwives
Midwives are becoming more popular these days for families who want a more personalized or natural birthing experience. But, like doctors and nurses, midwives carry their own share of responsibility during pregnancy or delivery.
If they fail to act appropriately or miss critical warning signs, it could have tragic consequences. Picture this. A mother in labor at home with a midwife begins to show signs of labor complications. Instead of calling for immediate hospital transfer, the midwife waits, hoping the issue resolves on its own. If that delay leads to injury or, even worse, that’s negligence, too.
Hospitals or birthing centers
It’s not always about individual errors. Sometimes, the whole healthcare system in a facility plays a part. Was the hospital properly staffed? Are they regularly maintaining their equipment? Did outdated tools or protocols contribute to what went wrong?
For example, if a hospital is running shorthanded during a busy time and you’re left waiting too long for critical care, the hospital could share responsibility. Issues like this are why birth medical negligence cases aren’t always as straightforward as they might seem.
Why does it even matter who’s liable?
You might be thinking, “Why does knowing who’s responsible help? It’s not going to erase what happened.” True. It won’t undo the damage.
But assigning liability does make a difference. Medical bills pile up fast after negligence. Specialized therapy, lifelong care for a child injured by negligence, and lost wages from parents needing to take on caregiving responsibilities are all too much for most families to handle without compensation. Filing claims in cases of obstetric negligence can help ease that financial load.
Plus, when someone is held responsible, it sends a powerful message to medical providers and institutions: Families deserve better.
Ohio law and limits
Ohio’s laws about medical malpractice — including birth medical negligence cases — set strict limits on when you can take action. You have one year to file a claim. That clock starts ticking from either the date the injury occurred or when you realized negligence was the cause.
This might seem like a lot of time, but it’s not. Investigating a case and gathering the evidence to prove medical negligence is no small feat.
Birth injury cases require medical records, expert testimony, and proof of how negligence caused the harm. Without experienced legal help, families often hit roadblocks.
What should you do if this sounds familiar?
If you’re reading this and nodding along, thinking, “This all sounds like what happened to my family,” you need to take action. Here’s where to start:
- Write down everything you remember. Every symptom ignored, every detail from your labor or delivery process, and every conversation.
- Request all your medical records. These documents are key in figuring out what went wrong.
- Reach out to a lawyer. Some specialize in maternity negligence claims, and many offer free consultations. You don’t have to commit to anything upfront.
Taking the next step
When something as precious as childbirth is marred by negligence, it leaves emotional, physical, and financial scars that last a lifetime. But there is help available.
If you or someone close to you has been harmed by maternity negligence, talk to an experienced Ohio attorney from Crandall & Pera Law, LLC today. They can guide you through your options, help you fight for compensation, and stand by you every step of the way. You focus on your family and recovery, and they can focus on your case.
Reach out for a free consultation. Together, you can rebuild and hold those responsible accountable. No one should have to face this alone, and with the right help, you won’t have to.