Medical Malpractice in Childbirth Guide

What is Medical Malpractice in Childbirth?

Medical malpractice in childbirth is a deviation from the accepted medical standard in treating a pregnant woman, during the birthing process, or in treating a newborn immediately after birth, which caused physical or psychological harm to the mother, the infant, or both. This deviation must be significant and of the kind that a reasonable physician in a similar circumstance would not have performed.

In Israel, medical malpractice in childbirth constitutes one of the most common sources of tort claims. These claims involve numerous damages: injury to the infant (cerebral palsy, blindness, seizures, cognitive impairment), damages to the mother (loss of earning capacity, psychological stigma, physiological injury), or both.

This guide is intended to explain to you the types of damages, your rights under the law, the claims process, and compensation calculation. Each case is unique, and it is important to know that you are not alone in this journey.

Types of Damages in Medical Malpractice in Childbirth Claims

When medical malpractice in childbirth occurs, the damages may vary greatly depending on the extent of injury and the time of detection. Below is a principal classification:

Damages to the Infant

• Cerebral Palsy: Brain damage that occurs during or immediately after birth, causing movement problems, hearing loss, vision problems, and cognitive difficulties. This is one of the most severe damages in these claims.
• Blindness or Partial Blindness: Vision impairment resulting from oxygen deprivation, infection, or birth trauma.
• Seizures and Neurological Issues: Development of seizure disorders as a result of brain damage during birth.
• Hearing Impairment: Deafness or hearing loss due to infection or birth trauma.
• Cognitive Function Impairment: Learning difficulties, cognitive development delays, and social interaction challenges.
• Motor Function Impairment: Damage to muscles and bones causing abnormal posture or inability to move.

Damages to the Mother

• Physiological Damage: Injury to internal organs, severe bleeding, infection, or complications requiring additional surgeries.
• Psychological Damage: Trauma, depression, anxiety, and post-traumatic stress disorder (PTSD), particularly in women who give birth to an infant with severe injuries.
• Loss of Earning Capacity: Inability to return to work due to physiological or psychological damage.
• Medical and Ongoing Treatment Costs: Physical therapy, psychological treatment, medications, and additional medical treatments.

Types of Medical Malpractice in Childbirth — Typical Examples

Medical malpractice in childbirth can occur at different stages of the process. Below are examples of medical errors that may serve as a basis for a claim:

Malpractice in Pregnancy Care

• Failure to detect pregnancy risks (such as gestational diabetes, high blood pressure, or infection).
• Failure to perform standard tests or failure to analyze test results.
• Failure to properly monitor fetal development.
• Failure to refer to a specialist when required.

Malpractice in the Birthing Process

• Improper Use of Medications: Administering labor-inducing medications in incorrect dosage or at an inappropriate time.
• Birth Trauma: Improper use of instruments such as forceps or vacuum, causing injury to the infant or mother.
• Failure to Monitor Fetal Heart Rate: Failure to detect signs of fetal distress and failure to implement rescue measures (such as emergency cesarean section).
• Lack of Care in Cesarean Section: Injury to adjacent organs, infection, or surgery not performed to the required extent.
• Failure to Properly Manage Complications: Such as severe bleeding, infection, or umbilical cord compression.

Malpractice in Post-Birth Care

• Failure to detect signs of infection in the infant or mother.
• Improper treatment of an infant with breathing problems or oxygen deprivation.
• Failure to perform required tests on the infant in the first hours after birth.
• Failure to treat postpartum depression or other psychological issues in the mother.

How is compensation calculated in medical negligence claims related to childbirth?

Calculating compensation in medical negligence claims related to childbirth is a complex process based on legal, medical, and economic factors. The court examines all consequences of the injury and determines the compensation amount accordingly. Below are the main components:

Bodily Injury

This is the primary component in medical negligence claims related to childbirth. The court determines the amount based on the severity of the injury, the age of the injured party, and life expectancy. In childbirth claims, bodily injury damages can be very substantial, especially when dealing with an infant with severe injuries who will live for decades.

For example, an infant with severe cerebral palsy who will be unable to work in the future may receive compensation in the millions of shekels, depending on the severity of the condition and the age of the injured party.

Loss of Earning Capacity

When the injury causes a loss of earning capacity, the court calculates the amount of income the injured party would have earned had the injury not occurred. This is typically calculated based on expected earnings until retirement age, minus living expenses and interest.

For example, if an infant with severe injuries was expected to earn 40,000 shekels per month in the future, with a 40-year work life, the loss of earning capacity could amount to millions.

Medical Expenses and Ongoing Treatment

The court calculates the costs of medical treatment, physiotherapy, psychological treatment, and all treatments required throughout the injured party's lifetime. This is a complex calculation that requires assessment by medical experts.

In childbirth claims, these costs can be substantial, especially when dealing with long-term care, medications, medical equipment, and adapted housing.

Pain and Suffering

The court awards compensation for physical pain and suffering, based on the severity of the injury and the duration of suffering. This is a more subjective form of compensation, but there are typically accepted tables in case law that guide the court.

Emotional Distress and Stigma

When the injury causes emotional damage, such as depression, anxiety, or social stigma, the court awards additional compensation. In childbirth claims, this is particularly important for mothers who suffered trauma or postpartum depression.

Legal Costs

Typically, the losing party in a claim pays the legal costs of the prevailing party. This includes attorney fees, expert fees, court fees, and more. In successful medical negligence claims, the plaintiff typically does not pay these costs.

Typical compensation ranges in medical negligence claims related to childbirth

No two claims are identical, and each case is examined on its own merits. However, general ranges can be described according to the severity of the injury:

Important Note: These ranges are general estimates only, based on data from case law in recent years. Each case is unique, and actual compensation may be higher or lower depending on its particular circumstances.

What Do You Need to Prove to Win a Medical Negligence Claim in Childbirth?

To win a medical negligence claim in childbirth, the plaintiff (the injured party or the baby's parents) must prove several legal elements. These are the foundation of any such claim:

1. Duty of Care

First, you must prove that the defendant (the doctor, hospital) owed a legal duty of care to provide treatment to the injured party fairly and effectively. This is usually clear in medical negligence claims related to childbirth — the doctor and hospital owe this duty to the mother and baby.

2. Breach of Standard of Care

Second, you must prove that the defendant deviated from the accepted medical standard of care. This means that a reasonable doctor in a similar situation would not have performed the action (or inaction) that the defendant performed. This requires testimony from an independent medical expert.

For example, if the hospital failed to perform an ultrasound that should have been done, or if the doctor did not respond to signs of fetal distress, this would constitute a breach of the standard of care.

3. Causation

Third, you must prove that there is a causal connection between the breach of the standard and the damage caused. This means the damage would not have occurred if the breach had not happened. This may be the most difficult task in the claim, especially when dealing with complex medical injuries.

For example, if the hospital did not respond to signs of fetal distress and the baby was born with cerebral palsy, you must prove that immediate intervention by the hospital (such as an emergency cesarean section) could have prevented or reduced the damage.

4. Actual Damages

Fourth, you must prove that actual damage has been caused to the injured party. This includes physical, psychological, financial damage, or a combination thereof. This proof is typically supported by medical records, medical testimony, and financial documentation.

Time to File a Claim — Statute of Limitations

In medical negligence claims related to childbirth, it is important to know that there is a limited time to file a claim. This time period is called the statute of limitations. In Israel, generally, the statute of limitations for a medical negligence claim is three years from the day the damage was caused.

However, when the injured party is a minor (a baby), the statute of limitations begins to run from the day they reach the age of 18. This means that the baby's parents can file a claim on their behalf until the child reaches the age of 21.

Important: Do not wait. If you believe medical negligence occurred during childbirth, consult with an experienced attorney as soon as possible to avoid missing the statute of limitations.

Litigation versus Settlement — What is the Difference?

In medical negligence claims related to childbirth, there are two main ways to reach a resolution: litigation in court or a settlement with the insurance company.

Settlement

A settlement is an agreement between the plaintiff and the defendant (or their insurance company), in which they agree on a certain amount of compensation without the need for court proceedings. Such settlements may be faster (months, not years) and less emotionally draining. However, the amount may be lower than if you had won the claim in court.

Litigation in Court

If a settlement cannot be reached, the claim proceeds to court. In litigation, there is legal negotiation, evidence presentation, arguments between the attorneys, and finally — a decision by the judge. Court claims may take years, but the compensation may be higher.

Why is it Important to Consult with an Experienced Attorney in Medical Negligence Claims Related to Childbirth?

Medical negligence claims related to childbirth are complex and require deep knowledge of tort law, insurance law, national insurance law, and medicine. An experienced attorney can:

• Help assess the value of the claim and predict chances of success.
• Gather medical evidence and legal accuracy.
• Find qualified medical experts who can provide expert opinions.
• Conduct negotiations with the defendant's insurance company.
• File a claim in court and represent you throughout the entire process.
• Handle all legal and administrative aspects, so you can focus on recovery and care for the injured party.

At Mandelbaum, Gor, Witsman-Gor and Co., we specialize in representing plaintiffs in tort claims, including medical negligence in childbirth. With more than 18 years of experience, we know how to successfully manage such claims. We provide personalized, dedicated legal advice and offer a free initial consultation.

Why Choose Mandelbaum, Gor, Witzman-Gor & Co. for Medical Malpractice Claims in Childbirth?

In medical malpractice claims related to childbirth, you need an attorney who understands the complexities of tort law, medicine, and the emotional needs of a family that has experienced trauma. In these cases, we specialize and our experience since 2008 enables us to handle them successfully.

Proven Experience in Medical Malpractice Claims

Mandelbaum, Gor, Witzman-Gor & Co. has represented claimants in tort claims since 2008. We specialize in medical malpractice claims, traffic accidents, workplace accidents, and all types of bodily injury. Our experience allows us to understand all aspects of such a claim — medical, legal, and emotional.

Personal and Dedicated Approach

Each case is a family. We understand that a medical malpractice claim in childbirth is not only legal — it is personal, emotional, and difficult. We provide personal guidance throughout the process, from the initial consultation until the conclusion of the claim. We listen, we understand, and we act for the benefit of the injured party.

Free Initial Consultation

We believe that every person is entitled to quality legal advice. Therefore, we offer a free initial consultation at no cost. In this meeting, we hear your story, examine the evidence, and assess the prospects of the claim. If there is a basis for a claim, we will help you. If not — we will tell you honestly.

Working on a Contingency Fee Basis

We work on a contingency fee basis, meaning you only pay us if we win the claim or reach a settlement. This means we invest our time, resources, and expertise in the claim, and we only benefit if you benefit. This creates shared value — your success is our success.

Relationships with Skilled Medical Experts

In medical malpractice claims related to childbirth, expert medical testimony is critical. We maintain relationships with experienced medical experts with high profiles in fields such as obstetrics, pediatrics, neurology, and intensive care for infants. These experts can provide strong and persuasive opinions in court.

Convenient Location in Petah Tikva and South Sharon

Our office is located in Ramat Gan, near Tel Aviv, in the southern Sharon region. This makes us accessible to most residents of the center of the country. Additionally, we work with clients throughout the country and can arrange meetings according to your situation.

Next Steps — How to Get Started

If you believe there was medical malpractice in childbirth, here are the next steps:

1. Contact Us: Leave your details or call us. We will arrange a meeting at a time convenient for you.
2. Free Initial Consultation: In this meeting, we hear your story, examine the evidence, and assess the prospects of the claim.
3. Claim Assessment: If there is a basis for a claim, we will assess its value and discuss the forward strategy.
4. Evidence Collection and Expert Discussion: We collect all medical documentation and consult with medical experts.
5. Negotiation or Litigation: We negotiate with the defendant's insurance company, or file a claim in court if we cannot reach a settlement.
6. Conclusion of the Claim: When the claim is recognized or settled, we oversee the collection of compensation and its adjustment to the index.

General Legal Information

The content on this page is general legal information only and does not constitute specific legal advice. Each case of medical malpractice in childbirth is unique and must be examined on its own merits. If you have specific questions or believe there was medical malpractice in childbirth, we recommend you consult with an experienced attorney such as Mandelbaum, Gor, Witzman-Gor & Co.