Childbirth often involves urgent decisions and unexpected complications. Even in high-pressure situations, pregnant patients have legal rights, including the right to informed consent.
A medical malpractice claim may arise when (1) a medical provider fails to properly inform a patient or obtain consent before performing labor and delivery procedures and (2) those procedures injure the mother or baby.
What Is Informed Consent?
Informed consent means that a healthcare provider must explain a proposed treatment or procedure to a patient before moving forward. This includes discussing the nature of the procedure, the material risks and benefits, reasonable alternatives, and the risks of declining treatment. The patient must then voluntarily agree to the procedure.
During labor and delivery, informed consent is necessary to ensure that patients understand the risks of interventions. Situations that typically require informed consent include:
- Cesarean sections
- Use of forceps or vacuum extraction
- Administration of epidurals or spinal anesthesia
- Labor induction with medications
- Episiotomy
- Manual delivery techniques or internal monitoring
- Emergency procedures that may affect future fertility or health
Emergencies may limit the time available for discussions. However, providers are still required to obtain consent whenever reasonably possible. Assuming consent or failing to explain risks can violate a patient’s rights.
What Are My Rights If My Medical Provider Did Not Obtain Informed Consent?
If a medical professional failed to obtain informed consent from you before a procedure/treatment and that failure contributed to an injury, you may have the right to pursue a birth injury claim.
Birth injury cases focus on whether a reasonable patient would have declined or chosen a different course of treatment had they been properly informed.
These claims often arise when parents were not told about known risks of a procedure, were not informed of safer alternatives, or were pressured into agreeing without meaningful explanation.
Birth injury claims provide compensation for injuries to the baby, the mother, or both. Your damages award may include money for:
- Medical expenses
- Costs of therapy and specialized treatment
- Long-term care and assistive services for a child with disabilities
- Lost income or reduced earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Wrongful death damages
Multiple parties may be liable for your losses. These include the delivering physician, obstetric practice, nursing staff, or the hospital itself.
Under Texas law, every party that contributed to the injuries can be held liable for their portion of damages.
How an Experienced Houston Birth Injury Lawyer Can Help You Seek Accountability
Proving lack of informed consent requires a detailed review of consent forms, medical records, and hospital policies. It also requires expert testimony about what information should have been disclosed under the circumstances.
An experienced Houston birth injury lawyer can investigate whether you gave proper consent and determine whether medical staff withheld critical information.
At Hampton & King, we help families hold medical providers accountable when preventable mistakes during childbirth cause lasting harm. If you believe your rights were violated during labor or delivery, a knowledgeable Houston birth injury attorney can help you understand your rights and legal options.
Contact us today for a free consultation.