One of the greatest experiences in life is the birth of a child. What every parent hopes for is an easier, smoother delivery and a healthy child. There are, of course, instances when something goes wrong during delivery, and those medical accidents result in serious injury for the child or the mother. If those accidents result from negligence or medical malpractice, there is potential for birth injury malpractice. Understanding your rights is imperative if you or your newborn has suffered injury.
This page is going to explain what malpractice in birth injury is, how it happens, your rights, and how a malpractice attorney with experience in birth injury can help you in seeking remedy and recompense. It is our intent that this be made easy to understand and accessible, that all parents be aware of their options, and that they are able to act on their own behalf.
What Is Birth Injury Malpractice?
Malpractice in birth injury occurs when a physician, nurse, or healthcare provider fails to take proper medical care during pregnancy, labour, or delivery, creating injury in the mother or the baby. Birth injuries are the consequence of numerous reasons, with failure to monitor the heartbeat of the child, failure to give a timely C-section, improper use of delivery tools such as forceps, or an incorrect dosage of medication being some of the reasons.
The most frequent birth injuries are brain injury, fractures, nerve damage (e.g., Erb’s palsy), and stillbirth in extreme cases. If medical negligence is the cause of the injury, then it is malpractice, and the injured family may be eligible for a court claim.
Warning signs and implications of birth injuries
Certain birth injuries are not visible at first sight. Others have signs that appear immediately, but others have signs months or years afterward. They have signs of seizures, weak muscles, difficulty in breathing, or delayed child development. All of these signs have grave long-term consequences, such as permanent disability, a learning disability, or emotional trauma for the entire household.
The impact of a birth injury is severe. It may result in years of therapy, medical treatment, and special education costs. In the worst-case situation, the child may be in need of lifetime care. A birth injury malpractice lawyer can inform parents and families on determining if hardships are a result of negligence and the prospects for pursuing litigation.
How to Prove Medical Negligence
Four main aspects have to be proven for the case of birth injury malpractice.
- Duty of Care: It was the medical provider’s obligation to provide proper and safe care.
- Breach of Duty: The caregiver violated the duty of care owed in that kind of circumstance.
- Injury: The child or the mother was emotionally or physically harmed.
- Causation: The provider’s negligence directly caused the injury.
It is hard to prove without the guidance of a skilled lawyer. A birth injury malpractice lawyer knows how to obtain medical reports, interview experts, and build a strong case that demonstrates how the provider’s actions (and inactions) caused the injury.
What are your legal rights?
In case you think your child’s injury during birth was due to malpractice, you are eligible to seek advice from an attorney and possibly file suit. Cases of this type are medical malpractice cases and have time restrictions or statutes of limitation. Time lines vary in each state or country. Therefore, you must act quickly.
Families may be able to receive financial payments for
- Future and past medical expenses
- Grief and distress
- Loss of earnings (particularly if a parent has to leave their job to take care of the child)
- Treatment and rehabilitation are expensive.
- Emotional distress
A malpractice attorney for birth injury can assist you through the process of law and uphold your rights. They understand the financial and emotional toll this injury places on you and are determined that your family shall be compensated for what is rightfully theirs.
Finding the Right Legal Assistance
Choosing the attorney is an essential decision. A malpractice lawyer dealing with birth injury cases is familiar with medical and legal details and has the skills required for dealing with complex medical and legal aspects. A successful lawyer who is sympathetic and cooperative in explaining matters clearly is what you need on your side. You may also hear the term birth injury attorney, another synonym for the same attorney. You can call it whatever you prefer, but the point is that you need someone familiar with both the law and medicine. It is also well worth asking about free consultations and whether the attorney is on a contingency fee basis — that is, they get paid only in the event that you win your case.
Conclusion
Birth injuries can also leave you and your loved ones with major emotional and financial problems. If your birth injury is caused by medical malpractice, you need to know that you are not alone. Understanding your rights and the use of a birth injury malpractice attorney are the first steps on the road to healing and justice. If you are suspecting malpractice or wish to consider your alternatives, don’t hesitate to call for professional advice. An educated birth injury attorney can lead you through the process with assurance and empathy. Your child is worthy of the best life possible, and that means that any and all negligent parties need to be held accountable.
