In general, the doctor must breach their duty of care by acting unreasonably before the labor and delivery or during the process itself.
What follows are some examples of actions taken by doctors that a jury might consider negligent:
- The physician or medical staff did not properly monitor the mother or the infant before delivery.
- The doctor chose the wrong or more risky medical instrument to use (such as forceps) or did not use the instrument properly.
- The mother needed a quick C-section surgery to deliver the baby, who was in distress, but the doctor delayed in making the decision.
- The doctor prescribed a medication that hastened delivery without knowing the effects.
- The baby does not receive the proper amount of oxygen before or after delivery because the doctor does not identify or act to address the deficiency.
