Birth-Acquired Herpes And Your Legal Rights In This Malpractice Case Type

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Before you give birth, your doctor is supposed to diagnose you with any health problems that could be passed on to your child and which may threaten its health. However, if your doctor failed to diagnose or treat your herpes infection, you likely have a malpractice suit on your hand. Birth-acquired herpes is a serious problem that can threaten your child's life.

What Is Birth-Acquired Herpes?

Children who are born to a mother who has an active herpes infection are at a risk of developing birth-acquired or congenital herpes. It typically infects the child during or just after birth, when they pass through their mother's birth canal.

Active herpes sores on the mother's vagina have a chance of passing the disease onto the child. A serious skin infection, called "systemic herpes," may develop in the child and cause brain damage, breathing problems, and seizures.

Treatment Is Possible And Diagnosis Should Be Simple

It should be very simple for your doctor to diagnose herpes before your birth. Active sores are obvious and should be noticeable during your visits. If they notice sores, they should prescribe a therapy method, including topical ointments or antiviral suppression drugs. Discussion on the impact of these drugs on your pregnancy is important before taking any.

In cases where drugs are considered dangerous for your pregnancy, or if your sores appear too close to your delivery to treat, a cesarean section birth should be performed. This type of birth will help protect your child from herpes infection. If your doctor misses the problem, misdiagnoses the situation, or improperly treats you, you have a malpractice case on your hands.

Your Rights If Your Doctor Fails You

When your doctor makes a mistake and allows your child to get herpes, you have the right to take them to court for malpractice. This is especially true if the doctor simply missed the infection or failed to treat you after you mentioned the problem to them. A serious systemic infection in your child is also a good reason to pursue a malpractice case.

Medical malpractice cases of this type aren't designed to punish the doctor for their mistake. In fact, the doctor who made the mistake isn't likely to pay for the mistake directly, but through medical malpractice insurance.

These cases simply get you money to help manage your child's condition, either through antiviral suppression or daily care needs. Though it can be a difficult and painful process to go through, a successful medical malpractice suit may be necessary to help your child live a healthy life. For more advice, talk to a lawyer like The Reed Noble Law Firm PLLC.