The Video of Your Child’s Birth: Evidence of Medical Malpractice?

The birth of a child is a highpoint for parents, especially for new parents. This celebration of the growing family is a time to be remembered - in the mind, through pictures and on video. While all hospitals allow new fathers and mothers to take pictures and video once the child is born, more and more hospitals are forbidding the use of video during the actual birth.

The New York Times reports that many hospitals explain that the video bans are intended to help keep the mother and baby safe and to protect the medical staff's privacy, inferring that many new parents may post videos that include medical staff on social networking websites.

In actuality, hospitals may be limiting the use of video in order to limit the evidence that could be used against them in a medical malpractice case concerning birth injuries. In an emergency situation when a doctor must make medical decisions instantly, a video may be used in court to second guess the emergency care provided.

Childbirth is often graphic and a video can have a negative impact, even when it shows the doctor doing everything right. The Times also reported on a situation where a video showed a doctor doing nothing wrong, yet the jury sided with the baby.

While some hospitals are moving to limit videotaping and photos, other hospitals are going in the other direction and accommodating families wanting to film the birth, according to the Times. Some doctors that feel as though they are doing nothing wrong welcome the videos, as they believe that videos will absolve them of wrongdoing in the event they are accused of medical malpractice.

Videos of childbirth capture the good and the bad - the entirety of the situation. When an injury does occur to the child, a video may provide the evidence needed to show medical malpractice.