Delayed Delivery Medical Malpractice: When to File a Case and How to Hire an Attorney

Delayed Delivery Medical Malpractice: When to File a Case and How to Hire an Attorney

When a baby is overdue, there are a lot of potential medical complications that can arise. If the baby is not delivered promptly, it can lead to serious health problems for both the child and the mother.

If you believe that a doctor failed to deliver your baby promptly, you may have a case for medical malpractice. This article will discuss when to file a lawsuit for delayed delivery and how to find the best attorney to represent you.

What is Delayed Delivery Medical Malpractice?

Delayed Delivery Medical Malpractice is a type of medical malpractice that can occur when a pregnant woman experiences a delay in the birth of her baby.

Study shows that five suffer an injury during birth for every 1000 babies born in the U.S.

Here are some reasons why this occurs:

-The doctor or other medical staff did not act quickly enough to deliver the baby.

-The doctor or other medical staff did not correctly diagnose the problem, which led to a delay in delivery.

-The hospital was not equipped with the proper resources to handle a timely delivery.

-There was a communication breakdown between the doctor and the hospital staff.

If you believe that injury to the child was due to delayed delivery, it is essential to speak with a medical malpractice lawyer.

An experienced lawyer can help you investigate what happened and determine whether you have a case. If you have a tricky circumstance, an experienced lawyer can help you fight for compensation.

When Can You File A Case For Delayed Delivery Malpractice?

Here are some situations that can lead to medical malpractice.

  1. When your baby does not arrive on the expected due date.
  2. When you are in labor, your baby’s delivery is not within a reasonable time frame.
  3. When you experience long labor, that leads to complications.
  4. When you are not given appropriate information or support during labor.
  5. When you are not allowed to progress in labor naturally.
  6. Using forceps or other assisted delivery methods without your consent.
  7. Performing a cesarean section without your consent.
  8. When errors occur during the birth process that leads to injury or death of your baby.
  9. When you are discharged from the hospital too soon after giving birth.

If you have experienced any of the above situations, you may be able to file a case for delayed delivery medical malpractice. It is vital to call a medical malpractice attorney to learn more about your legal options.

Things to Consider While Hiring an Attorney

  1. The Experience Of The Attorney

One of the things you should consider when looking for an attorney to represent you in a delayed delivery medical malpractice case is their experience. Find an attorney who has successfully represented clients in similar cases in the past. It will give the client a better chance of success in the case.

Some types of delayed delivery malpractice include:

-C-section errors: If a doctor fails to perform a C-section promptly, it can result in serious health complications for the mother and child.

-Vacuum extraction errors: Vacuum extraction includes using a vacuum device to help deliver the baby. Performing delivery improperly can result in severe injuries to the mother or child.

-Forceps errors: Forceps are metal instruments used to help deliver the baby. Incorrect use of forceps can cause problems like skull fractures, nerve damage, and even death.

  1. The Success Rate of the Attorney

The attorney you hire should have a high success rate in cases like yours. They should also be experienced in medical malpractice law and understand the complexities of these cases.

You can ask the expert attorney about their experience and success rate or look for online reviews from past clients.

  1. The Fees Charged By The Attorney

The average medical malpractice attorney charges contingency fees of 33.33 to 40 percent, plus expenses. If you recover $100,000, the lawyer will get $33,333 to $40,000 as their fee. If the settlement of a case is out of court, the lawyer’s fee may be less than this. It’s essential to discuss the costs that the lawyer will charge at your initial consultation.

Some attorneys also charge hourly fees. If they ask for an hourly fee, you will be responsible for paying the attorney for each hour they work on your case.

It would be wise to ask about the expenses you will be responsible for, such as the court, expert witness, and photocopying costs.


Suppose you believe that you or a loved one has been victim of delayed delivery medical malpractice. In that case, it is crucial to speak with an experienced attorney as soon as possible.

Asheley Rice

I am a pop culture and social media expert. Aside from writing about the latest news health, I also enjoy pop culture and Yoga. I have BA in American Cultural Studies and currently enrolled in a Mass-Media MA program. I like to spend my spring breaks volunteering overseas.

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