During the birthing process in Texas and other states, both mother and child have a right to proper medical care. This was underscored by a $16 million verdict that was awarded by a jury in another state for a birth injury lawsuit filed by a mother. Most health care providers treat women with care and provide respectful and quality treatment throughout the pregnancy and the birthing process. However, this case serves to underscore that the rights of women should never be compromised.
The case arose in 2012 when the mother was convinced by an advertising campaign of the defendant medical facility, promising natural birth during which women’s choices rule. However, she alleged that she was abused during the birth process. After a two-week trial, a jury found that the standard of care for maternity cases was breached. It further determined that the facility’s marketing campaign recklessly misrepresented the facts.
According to court documents, the woman was promised freedom to give birth in her chosen position without being tethered to monitoring equipment. However, she alleged that she was forced — against her wishes — to lie on her back. When the baby’s head appeared six minutes before the doctor was present, it was apparently pushed back by a nurse. Since that ordeal, the mother suffered severely. Consequences include Pudendal Neuralgia — a permanent nerve injury along with the inability to have more children or to have sexual relations.
This mother has to cope with chronic pain for which she takes daily medication, and she claimed that the trauma of the birth led to frequent panic attacks. Any woman in Texas who has to live with the consequences of substandard medical care during the birth of a child is free to explore her options and gather information about applicable legal rights. An experienced medical malpractice attorney can explain the proceedings concerning a birth injury lawsuit and provide support and guidance.
Source: babble.com, “Caroline Malatesta Gets Justice After Traumatic Birth Injury“, Sarah Bregel, Aug. 8, 2016