A birth is a major event — both physically and emotionally.
Doctors and midwives have a duty to act with the utmost care during pregnancy, delivery and aftercare. However, when mistakes are made, the consequences can be enormous: permanent injury to mother or child, complications during birth or even death.
In this blog we explain when a birth has gone wrong from a legal point of view, who is liable, and what you can do as a parent if there is damage caused by medical errors during or around childbirth.
What is meant by a medical error in childbirth?
A medical error during childbirth occurs if a doctor, midwife or nurse does not act as may be expected of a reasonably competent healthcare provider.
This concerns situations in which:
signals of complications have been recognized too late;
medical interventions (such as caesarean section, vacuum extraction or forceps delivery) have been carried out unnecessarily late;
incorrect medication whether dosage has been administered;
whether the heart rate or condition of the child has not been sufficiently monitored.
In short: if a healthcare provider deviates from the professional standard and this causes damage, there may be medical liability.
Common errors during pregnancy and childbirth
Medical errors during childbirth can occur at different times: during pregnancy, the birth itself or directly afterwards.
Some common situations are:
Late intervention in the event of complications
For example, in the event of an impending oxygen shortage (fetal distress) or stagnant delivery. If doctors intervene too late, this can lead to brain damage or oxygen deficiency in the child.Incorrect interpretation of CTG or ECG images
Failure to notice abnormal heart rate patterns is one of the most common causes of liability in obstetric cases.Incorrect use of aids
Consider incorrectly performed forceps deliveries or vacuum extractions, which can lead to skull injury or brain hemorrhage in the child.Inadequate aftercare after delivery
Sometimes things go wrong because complications in the mother, such as bleeding or infections, are noticed or treated too late.Inadequate communication or transfer
Poor transfer between hospital and obstetric practice, or between different doctors, can lead to serious misunderstandings.
Damage to mother and child
The consequences of medical errors during childbirth can be serious, both physically and psychologically.
For the mother:
Bleeding or infections due to inadequate aftercare;
Damage to the bladder, pelvic floor or nerves;
Post-traumatic stress or depression after traumatic childbirth.
For the child:
Brain injury or cerebral palsy (such as cerebral palsy) due to lack of oxygen;
Physical abnormalities or fractures;
Developmental delay due to complications during birth.
If such damage is the result of culpable actions, this may involve liability for medical error.
Read more about this topic in our blog Medical liability: when is a doctor or hospital liable?.
Who is liable in the event of a delivery error?
Liability depends on who made the mistake and under whose responsibility the care was provided:
Was the mistake made in the hospital? The hospital is then liable for the actions of its doctors, midwives and nurses.
If the midwife worked independently (outside the hospital), she or her practice may be directly liable.
Sometimes there is joint liability, for example in the event of inadequate transfer between hospital and obstetric practice.
It is therefore important to determine exactly who provided the care at the time of the error.
Our lawyers will carefully investigate this on the basis of your medical file and the protocols that applied at that time.
Evidence and medical assessment
In cases involving birth errors, the medical substantiation is crucial.
It is examined whether the healthcare providers involved have acted in accordance with the applicable guidelines and protocols.
A medical advisor assesses:
whether there were signals of complications that should have been recognized earlier;
whether timely intervention was taken;
and whether the care provided met the professional standard.
The The outcome of this assessment is often decisive for the question of whether there is medical error and liability.
You can read more about the legal evidence in our blog Causal connection in medical errors.
Compensation for medical errors surrounding childbirth
If it is established that the damage is the result of a medical error, compensation can be claimed for both mother and child.
That compensation can consist of:
medical costs (including future care and rehabilitation);
loss of income of the parent(s);
costs of aids, transport or home adjustment;
care costs or guidance for the child;
and punishment for pain, suffering and loss of enjoyment of life.
In the event of permanent injury to a child, the damage can amount to lifelong compensation, depending on the severity of the limitations and the care required.
Read more about this in our blog How can you calculate damages?.
Limitation and deadlines for birth injuries
Specific rules apply to medical errors surrounding childbirth. limitation periods.
In principle, parents are subject to a limitation period of five years from the moment they know (or could reasonably have known) that something went wrong.
For children, however, the limitation period does not start to run until their 18th birthday.
This means that a child with birth injury can often bring a claim until the age of 23.
You can read more about this in Limitation in medical liability cases.
Psychological consequences and recognition
Many parents experience feelings of powerlessness, sadness or guilt after a failed birth.
In addition to financial compensation, recognition of what went wrong is often at least as important.
A liability claim can help to gain clarity about what happened — and to prevent a recurrence in other patients.
Our lawyers guide you not only legally, but also humanly, with attention to the emotional impact of your experience.
Why legal help is essential
Medical errors during childbirth are among the most complex liability cases.
The combination of medical knowledge, legal expertise and a sense of human impact is essential.
At Arslan Advocaten, experienced personal injury and health lawyers work together with medical advisors and experts in the field of birth injuries.
We ensure that:
all medical information is secured,
experts will independently assess the error,
and that you will receive the maximum compensation to which you are entitled.
Our service is free of charge for victims, because we recover our costs from the liable party.
Why choose Arslan Advocaten?
Specialized in medical errors during childbirth
Collaboration with medical experts in the field of birth injuries
Free legal assistance for parents and children
Attention to both compensation and recognition
We assist parents and children in the most difficult situations – with knowledge, care and determination.