Welcoming a new life into this world is often one of the greatest moments of any parent’s life; a miracle of human existence joining the population to the joy and expectation of family members, hinging hopes on their successes in the future. The last thing anyone in the hospital room wants is for something to go wrong. In an instant, the world shrinks and fears race wildly when the nurse or doctor gives a grave look. Worse than that is when an injury to the infant, or the mother, is the direct result of negligence not he part of the medical staff, either by action, inaction, or unclean utensils. Medical malpractice isn’t exactly easy to prove and often requires a birth injury lawyer to help you prove negligence, but there are a few considerations to know before pursuing damages.
Just because a baby is born with a defect, or the master sustained injuries during pregnancy or childbirth, does not make an open and closed case of negligence against the doctor, medical staff, or hospital. The first step is to prove that the physician or medical staff did not act in accordance with the expected and highest quality level of care that a competent doctor or staff would. If you’re unable to prove that your doctor failed to meet the commonly accepted level of care, regardless of injury to the infant or mother, then your malpractice case cannot move forward. If there is a discernible delineation from expected care and that there was in fact an act of negligence, your case can move forward.
There are a few ways in which a physician could have neglected the family or infant during the pregnancy, including:
- Collarbone fractures to the newborn
- Scalp swelling
- Brain damage
- Limb disfigurement
Furthermore, the doctor could have missed diagnosing any issues with the fetus during the pregnancy that may have been corrected via neonatal surgery. If a couple tried to avoid a pregnancy via medication, sterilization, or other methods and one or all of them failed, they could sue the doctor for what is known as wrongful birth. In any of these events, you must prove that it was the actions of the doctor and/or hospital that lead to the birth defects and that if a different, competent doctor was in place that the defects, injuries, death, or wrongful birth would not have occurred.
If you or a loved one believe that a doctor acted negligently and affected the birth of an infant, it is imperative that you contact a lawyer to review your case and help you navigate the complex legal and medical battle ahead. Call our offices today to learn more; we’re here to help bring justice to those that have harmed you, or your family.
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Call us at (505) 388-0066 to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.