What is Birth Injury Malpractice?

What is Birth Injury Malpractice?

Nearly 4 million births occur in the U.S. every year and the vast majority of babies are delivered safely. While unexpected emergencies do occur, they are typically dealt with safely and professionally, providing the mother and child have access to the medical care they need.

However, in some instances, the medical care received is subpar. If a healthcare professional makes a mistake or is negligent, for example, the mother and/or the baby could sustain an injury as a result. Sadly, this is not as uncommon as you might think.

Are All Birth Injuries Avoidable?

When babies suffer an injury while being delivered, it’s known as a birth injury. There are many different types of birth injuries, some of which are more serious than others. A child could suffer a brachial plexus injury if their nerves are damaged during the delivery, for example. Fortunately, this is an injury that often resolves within weeks, sometimes with physical therapy. Alternatively, a baby may develop cerebral palsy as a result of oxygen deprivation at birth and experience lifelong impairments.

If an injury occurs during childbirth, it doesn’t mean it was necessarily avoidable. If a baby is in distress, for example, a physician may have to risk the child being injured in order to save their life. However, a significant number of birth injuries are avoidable, which means they’ve been caused by some form of malpractice. In such cases, it’s entirely appropriate for parents to instigate legal action.

What Does a Birth Injury Malpractice Claim Involve?

The process of making a medical malpractice claim can vary from state to state, so it’s important to understand the specific legislation that applies to you. In general, however, making a successful birth injury malpractice claim requires you to prove that:

•    You had a doctor-patient relationship with your physician

•    You received subpar medical care

•    Your child’s birth injury was due to this negligence

Of course, proving these elements of a claim can be tricky, particularly when you’re taking action against a hospital with numerous legal teams and unlimited expenses. By getting help from specialist lawyers, such as birthinjurymalpracticelawyers.com, you can ensure that your claim is dealt with effectively. With a team of experienced attorneys handling your claim, you’ll have the best chance of being successful.

Should You Take Legal Action After a Birth Injury?

Only you can decide whether or not to take legal action after an incidence of birth injury malpractice. Many parents feel overwhelmed, daunted and scared about the prospect of making a claim, especially when they’re still dealing with the trauma of a negligent birth. With the right support, you can be confident that your claim will be handled sensitively and confidentially.

The reality of a birth injury is that the infant may require medical treatments and additional care, sometimes for a long period of time. By taking legal action following medical negligence, you can ensure that you’ll have the funds to access the support, assistance and interventions you child may require in the future.

 

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