The day your child is born should be one of the most joyous days of your life. However, a medical professional’s negligence can destroy your dreams for your child’s life in the blink of an eye.
Medical malpractice can happen in any medical setting, but it occurs commonly with obstetricians in the context of childbirth. The birth of a child can be an extremely stressful time for the family, and all members of the birth team need to work together to ensure that everything goes smoothly. When a mistake occurs during labor or birth, it can leave lasting scars on your family’s life. This is why it is important to know what legal options you may have.
If your child was injured during the birthing process, you may be able to file birth injury lawsuits against the negligent parties. Because filing a lawsuit can be complicated and intimidating, it will help to talk to a lawyer for birth injury claims before moving forward.
If your child suffered an injury during delivery, you may be able to seek compensation on his or her behalf for the trauma and damages incurred. Filing a medical malpractice claim can be intimidating and you will probably have many questions about how to proceed. This article will discuss some of the more frequently asked questions from parents in your position, as well as what kinds of help you can expect from a birth injuries attorney.
To begin, these are some of the most common terms that any victim should understand within the context of a birth injury lawsuit:
Negligence: Negligence simply means that a behavior, action, or lack of action did not meet the same standard of care as what any other reasonable person would have done in the same situation. For example, if you are driving your car and another person hits you because they were going too fast and did not use their turn signal when turning out of a lane, they may be found negligent. In the medical malpractice context, the standard applied is that of a medical professional of the same type in the same locale.
Injury: An injury is damage to a person’s body, which can be either physical or psychological in nature. A medical professional who was negligent during a delivery may have injured your child or worsened an existing condition. For example, if your child was born with cerebral palsy and the doctor was negligent in the decision to deliver the child vaginally, this decision could have caused additional injuries to your child.
Medical malpractice: Medical malpractice occurs when a medical professional (a physician, nurse, or any other healthcare provider) fails to provide you or your child with the standard of care that another reasonable medical professional in their position would have provided in similar circumstances. A potential example of medical malpractice during childbirth may be if, during your child’s delivery, their doctor failed to monitor for fetal distress and the baby later suffered brain damage as a result.
Damages: Damages are defined as an injury or loss that you can show is the fault of someone else. Damages in any claim can include compensation for physical injuries and losses. The standard method for calculating damages is to add up the value of your child’s medical expenses, lost income (for any time missed at work), and pain and suffering (for both you and your child).
A birth injury is damage to a person’s body that occurs either during pregnancy or at the time of childbirth. A medical malpractice claim can be filed on behalf of a child who sustained injuries during delivery if their physician, nurse, or midwife was negligent and the negligence resulted in an injury.
Some of the most common types of birth injuries include:
To win your birth injury medical malpractice case, you must be able to show that your child’s doctor or midwife was negligent and that their negligence resulted in your child’s injury. There are several requirements that you must meet before you can file a medical malpractice claim on behalf of your child.
The first requirement is that the injury or condition for which you are claiming damages must have been a direct result of the negligent actions of medical professionals. In some cases, a child may have been born with an injury that occurs naturally in utero and damages would not be available. However, if medical negligence exacerbated the injury’s severity or permanence, parents may be eligible to file a claim for financial support and damages on behalf of their child.
The second requirement is that your claim must fall within the statute of limitations in your state. Pennsylvania laws will dictate how long a parent has to file a medical malpractice claim on their child’s behalf. Generally speaking, this will be two years from the date of the injury to your child.
The third requirement is that you have legal standing to file a claim on your child’s behalf. Parents will have standing and may file a medical malpractice claim on their child’s behalf only if the child was born alive. If medical professionals were unable to save your baby during delivery, you may not be eligible for recovery under this type of claim.
Are you asking yourself, “Can I find an experienced lawyer near me?” The answer is yes: We are ready to help you seek the compensation you deserve.