Indemnification for Medical Error in Childbirth

A birth should be a moment of joy. But when everything goes wrong due to a medical error during childbirth, a family’s life can be turned upside down forever. If you are the victim of an error during childbirth, you have the right to seek compensation. Medical error indemnification in childbirth helps compensate for the suffering, physical and psychological consequences, or financial impacts resulting from the mistake.

Loss of opportunity, suffered damages, or inadequate care are recognized by French courts, including the Court of Cassation, as long as medical fault is demonstrated.

When childbirth goes wrong: understanding medical errors

Childbirth is a high-risk situation that requires constant attention from healthcare professionals. A poor interpretation of the fetal heart rate, a delay in the decision to perform a cesarean section, or a lack of responsiveness to fetal distress can lead to serious consequences for both the baby and the mother.

These mistakes can be made by an obstetrician-gynecologist, a midwife, or any member of the medical team. When these actions do not comply with public health codes or expected medical practices, it may constitute a medical error engaging the responsibility of the institution.

👉 If you are wondering who to ask for advice on medical error in childbirth in Paris, know that we can assist you in analyzing your situation initially.

How do you know if you can be compensated?

The issue of medical error compensation during childbirth primarily depends on the acknowledgment of fault. It must be demonstrated that the medical team did not adhere to established standards or failed to act in time in the face of a complication.

This failure must have caused suffered damages: disability of the child, hemorrhage, neurological sequelae, persistent pain, or mental health issues. It may also include the loss of a child or a traumatic birth requiring prolonged care.

A medical error lawyer can help you assert your rights. They will work with medical experts to build a strong case and represent you before the competent courts.

What steps to take to seek compensation?

The first step is often to request a copy of the medical file, then consult a lawyer specializing in medical errors during childbirth. They will guide you through the best procedure: amicable or judicial.

You can directly approach the court or, in some cases, go through the conciliation and indemnification commission (CCI). This structure allows for obtaining an independent expert evaluation and can facilitate a quicker indemnification without going through a lengthy and challenging trial.

The lawyer’s role is to prove that the care was faulty, that the medical team’s reaction was too slow, or that incorrect medical decisions were made, as confirmed by several recent rulings from the Court of Cassation.

Acknowledging the error, a first step towards recovery

Being recognized as a victim of a medical error during childbirth is crucial to moving forward. Compensation cannot repair the pain, but it can ease daily life, fund treatments, or provide appropriate support for the child or mother.

In a high-quality public healthcare system, it is normal to expect that justice recognizes faults when they occur. The voices of victims are now better heard, especially thanks to the efforts of specialized lawyers and support structures.