As in all medical malpractice, liability is evaluated against a reasonable duty of care. In general, this duty of care is reasonable care comparable to the expected level of care of other health practitioners in ensuring that no unnecessary harm comes to the patient. This standard is created in a non-specific way because it would be impossible to identify every possible event and circumstance that may result in injury and liability. As a patient, this general standard can make it difficult to pinpoint what is and what is not medical malpractice. Pregnant Patient Bill of Rights
To help identify an appropriate level of care and delineate what a pregnant patient should expect, this pregnant patient¿s bill of rights can provide some general guidance. A pregnant patient has the right to expect: - Information about the potential direct and indirect effects, risks, hazards to the mother and/or unborn child because of a drug or specific procedure administered
- Explanation of the benefits, risks and alternatives to treatment
- Disclosure that an administered drug may affect the unborn child
- In cases of cesarean delivery, instruction that minimal use of non-essential pre-operative medication is beneficial
- Disclosure of the unknowns and uncertainties with regard to the effect of a drug or procedure on the physical, mental, and/or neurological development of a child
- Identification of both the brand and generic names of all drugs administered
- Right to select, without pressure, patient's preferred procedure
- Identification of name and qualifications of all individuals administering medical procedure
- Disclosure of whether drug or procedure is beneficial or merely elective
- Presence of a loved-one for support during the procedure
- Right to choose labor position, with appropriate medical consultation
- Right to have baby cared for at bedside unless there are complications
- Identification in writing of the delivering physician
- Disclosure of any aspect of care that may lead to later difficulties
- Complete, accurate and legible records maintained by the hospital until the newborn¿s age of maturity or sent to patient before records are destroyed
- Right to access records with a reasonable fee, without an attorney.
Injuries that occur as a result of a failure to meet any of these rights can be grounds for medical malpractice. Do You Need an Attorney Experienced with Medical Malpractice?If you, or a loved one, have been injured by medical malpractice, you should speak to an attorney immediately to learn more about the value of your case and what types of recoveries are available to you. |
