Stephen M. O'Brien III, PLLC - Personal Injury Attorneys
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How are women protected from birth injuries?

A woman who has a baby goes through a lot of changes during labor and delivery. There are serious risks associated with labor and delivery that most women are well aware of. Our readers in California might be interested in learning about how the Newborns’ and Mothers’ Health Protection Act serves to protect new mothers and newborns from potential harm.

What does the NMHPA do?

The Newborns’ and Mothers’ Health Protection Act provides minimum hospital stay guidelines for women who have had a baby. It requires that maternity coverage pay for 96 hours in the hospital following a Cesarean delivery or 48 hours in the hospital following a vaginal delivery. These time frames are from the time of delivery of the baby and not the admission to the hospital.

Do I have to stay in the hospital that long?

This act only gives the minimum guidelines for insurance coverage. It doesn’t serve to tell doctors how long to keep women in the hospital. This means that a doctor can discharge you and your newborn sooner if you and your child are healthy. Of course, that comes with risks.

What risks do women face after childbirth?

Women can suffer from a host of problems after giving birth. Some problems, such as sore breasts and after pains, aren’t serious. Blood clots, heavy bleeding, uterine infections, breast infections and even death are all more serious complications that can occur after childbirth.

While there are many doctors who put their patients’ health first, others are pressured to try to minimize hospital stays. Minimizing hospital stays might mean that women don’t get the care they need. When that leads to health complications for the new mother, the new mother might suffer serious consequences. In that case, seeking compensation might be an option she chooses to pursue.

Source: FindLaw, “Overview of the Newborns' and Mothers' Health Protection Act” Oct. 29, 2014

O'Brien Batten & Kirtley, PLLC is located in Lexington, KY and serves clients in and around Lexington, Keene, Nicholasville, Versailles, Midway, Georgetown, Wilmore, Paris, Bourbon County, Fayette County, Jessamine County, Scott County and Woodford County.

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