Medical Malpractice in Childbirth

Medical malpractice in childbirth occurs when the medical team in the delivery room departs from the accepted medical standard - for example, a delay in identifying fetal distress on the monitor, a delay in performing an urgent cesarean section, or improper use of obstetric instruments - and as a result harm is caused to the mother or the baby. In such cases there may be grounds for a compensation claim, subject to an examination of the circumstances of each case.

Childbirth is a dynamic medical event in which decisions are made in real time - but precisely for that reason there are clear professional rules: when monitoring is mandatory, when intervention is mandatory, and when waiting is not an option. When these rules are broken and harm is caused, the law allows the family to claim compensation designed to secure the care and support the child and the family need.

Ron-Festinger Law Office has accompanied families in medical malpractice claims for more than 40 years, with a unique specialization in gynecology, obstetrics and newborn care. On this page we explain what counts as negligence in childbirth, which injuries are typical, how such a claim is proven, and what you need to know about deadlines.

Suspect that the delivery was not managed properly? An initial consultation at no cost and with no obligation: 077-4075002 | also available on WhatsApp

What Counts as Medical Malpractice in Childbirth?

Not every difficult delivery and not every unfortunate outcome is negligence. The legal question is whether the medical team acted as a reasonable and skilled team would have acted in the same circumstances. To establish a claim, three elements must be shown: negligence (a departure from the accepted medical standard), harm, and a causal link between the negligence and the harm. This assessment is made through a medical expert opinion, based on the medical records of the delivery.

Typical Forms of Negligence in the Delivery Room

• Failure to identify fetal distress - misreading the monitor tracing, inadequate monitoring, or ignoring warning signs that call for intervention
• Delay in performing an urgent cesarean section - when a decision to operate is made but carrying it out is delayed, or when the decision itself is made too late
• Improper use of obstetric instruments - vacuum or forceps applied without an indication, or in a way that caused harm
• Negligent management of shoulder dystocia (the baby's shoulders become stuck after the head is delivered) - an obstetric emergency that requires a skilled and documented response
• Poor management of the second stage of labor - continuing a vaginal delivery when there is a clear indication to intervene
• Negligent care of the newborn immediately after birth - resuscitation not performed as required, delay in identifying respiratory distress, poor care of premature babies

Important to know: even when the event itself happened quickly, the legal question examines the entire chain of decisions - from the risk assessment on admission to the delivery room, through the frequency of monitoring, to how quickly the team responded when warning signs appeared.

Typical Injuries in Birth Claims

Injuries in birth claims are among the most severe in medical malpractice, because they may accompany the child and the family for life:

• Brain damage due to lack of oxygen (hypoxia, HIE) - when the oxygen supply to the baby's brain is compromised during delivery. One of the most serious outcomes is cerebral palsy; further reading: Cerebral Palsy and Medical Malpractice
• Erb's palsy - nerve damage to the shoulder and arm, occurring mainly after poor management of shoulder dystocia
• Fractures and trauma to the newborn - usually related to the use of instruments or improper extraction
• Injuries to the mother - severe tears, heavy bleeding, uterine rupture and damage to adjacent organs

It should be stressed: the existence of an injury does not necessarily indicate negligence, and conversely - a severe injury may have been caused by negligence and could have been prevented. That is why every case requires a professional review of the medical records.

Unique Specialization: Care of Newborns and Premature Babies

Some injuries are not caused during the delivery itself but in the hours and days that follow - in the nursery, in a special care unit or in the neonatal intensive care unit. Failure to identify hypoglycemia, severe jaundice, infection or respiratory distress in time, as well as poor ventilation care for newborns and premature babies, may cause irreversible harm. Ron-Festinger Law Office has unique, long-standing experience in cases of this kind, which combine both obstetric and neonatal aspects.

How Is a Medical Malpractice Claim in Childbirth Proven?

1. Collecting the complete medical records - the delivery file, monitor tracings, the operative report (if surgery was performed), the newborn chart and documentation of care after birth. Every patient has a legal right to receive their medical records
2. Initial professional review - an attorney experienced in the field reviews the records and identifies signs of a departure from the standard
3. Expert opinion - a medical expert (obstetrics, neonatology, pediatric neurology - as relevant) determines whether there was negligence and whether it caused the harm
4. Assessing the damage - additional experts assess the disability, the care needs and the future costs
5. Filing and managing the claim - negotiations, legal proceedings, and where appropriate - a settlement that secures the child's future

What Does Compensation in Birth Claims Cover?

Compensation in childbirth negligence claims is derived from the harm actually caused, and may include heads of damage such as: medical and rehabilitation treatment costs, assistance and nursing care (sometimes for life), housing and mobility adaptations, the child's future loss of earning capacity, lost earnings of the caregiving parents, and pain and suffering. In cases of severe and lasting harm, these are among the highest awards made in tort law - however, every case is examined on its merits, and nothing here should be read as a promise of any outcome.

Limitation Period: How Long Do You Have to Sue?

As a general rule, a medical malpractice claim becomes time-barred after seven years. However, when the injured person is a minor, the limitation period only begins to run when they turn 18 - so a claim on behalf of a child injured at birth can usually be filed until the child turns 25. Different deadlines may also apply to the parents' own claim, and circumstances such as when the harm was discovered affect the calculation. It is important not to wait: the earlier you reach out, the easier it is to locate records, witnesses and evidence. Do not rely on your own calculation - check the deadlines relevant to your case with an attorney.

Why Do Families Choose Ron-Festinger?

• More than 40 years of experience in medical malpractice claims, with a unique specialization in obstetrics, newborn care and the care of premature babies
• Personal support for the family throughout the entire process - from the initial review to receiving compensation
• Fees as a percentage of the compensation only (No Win No Fee) - if the claim does not succeed, you pay no legal fee
• Full availability, including WhatsApp, and offices in Jerusalem and Tel Aviv

Over the years our office has handled many claims in which abnormal fetal monitoring was observed and yet the required decision to perform an urgent delivery to prevent serious harm to the baby was not made. A very notable claim is currently under way in which serious abnormalities on the fetal monitor were missed time after time over several hours, without any discussion among the various doctors about whether the delivery should be ended quickly. Even when an urgent delivery using a vacuum device was decided on, this complex procedure was performed by an inexperienced resident instead of, at the very least, the on-call physician. The panic in the delivery room was so great that they "switched hands", meaning another doctor was brought in to complete the delivery. The consequences of the delay for the baby are extremely severe and tragic. As noted, this claim is currently being heard in the District Court.

To schedule an initial consultation at no cost and with no obligation: 077-4075002 | also available on WhatsApp

Frequently Asked Questions

What counts as medical malpractice in childbirth?

Medical malpractice in childbirth is a departure by the medical team from the accepted standard in managing the delivery - for example, failure to identify fetal distress, delay in an urgent cesarean section, or improper use of instruments - that caused harm to the mother or the baby. A difficult delivery or an unfortunate outcome is not negligence in itself; there must be a departure from the standard that caused the harm, and this is examined through an expert opinion.

How do you know whether the injury to the baby was caused by negligence?

The answer lies in the medical records: the monitor tracings, the documentation of decisions and times, the newborn chart and tests performed after birth. An attorney experienced in the field, together with a medical expert, examines whether there were warning signs, whether the response to them was timely, and whether there is a link between the conduct and the harm. The initial review at our office is free of charge.

Until when can a claim be filed on behalf of a child injured at birth?

When the injured person is a minor, the limitation period generally only begins at age 18, so a claim can usually be filed until age 25. However, various circumstances change the calculation, and the parents' own claim is subject to other deadlines - so it is advisable to seek a legal review as early as possible.

Who is sued - the hospital or the doctor?

In most cases the claim is filed against the body that operates the hospital (and in some cases also against the health fund or the State), which bears responsibility for the actions of the medical team. Identifying the correct defendant is part of the attorney's work and depends on the identity of the institution and the circumstances of the case.

What does compensation in a birth injury claim cover?

Compensation is determined by the actual harm and may include treatment and rehabilitation costs, nursing care and assistance, housing adaptations, loss of earning capacity, the parents' expenses, and pain and suffering. In cases of severe harm the sums are significant, but every case is examined on its merits and nothing here promises an outcome.

How long does a medical malpractice claim in childbirth take?

These claims are among the most complex in the field and usually take between two and several years, depending on the medical complexity and on whether the parties reach agreement. A significant share of cases end in a settlement before a judicial ruling. In some cases interim payments can be received during the proceedings - a matter examined individually.

Contact Us for a Consultation

Every case of injury at birth deserves a professional review. Contact us for an initial consultation at no cost: 077-4075002 | WhatsApp | or leave your details in the form - we are available to families 24/7. Legal fees are charged only if the claim succeeds.

The information on this page is general information only, does not constitute legal advice and is not a substitute for individual legal advice. Every case is examined according to its circumstances. For a professional assessment of your case, contact us for an initial consultation at no cost and with no obligation.