The birth of a child is an exciting time in a parent’s life. As exciting as this time is, it can be quite overwhelming. Parents are faced with the unknown, but they are happy to welcome a child into their family. All parents worry. As a parent, that is their job. While parents spend time worrying, they place their trust in their doctors to take care of their child in the womb and during childbirth. However, sometimes healthcare professionals do not live up to the standard that they should. Some doctors may act negligently, which can cause harm to the newborn baby. For these situations, parents have the right to file a lawsuit against the doctor for medical malpractice.
What are birth injuries caused by negligence?
During childbirth, there are many situations that can arise that can cause things to go wrong. If these situations are unforeseen, it may not be attributed to the doctor’s care. However, some situations are a direct effect of a doctor’s negligence. For these cases, individuals should see the signs. Birth injuries can refer to a wide range of injuries. Ones that involve negligence on behalf of a medical professional can include Erb’s palsy, cerebral palsy, facial paralysis, spinal cord injuries and more. When negligence is involved in the birth of a newborn, it can result in brain damage caused by vacuum extractor misuse and forceps misuse or brachial plexus injuries caused by excessive force when handling a shoulder dystocia.
How do I hold the doctor responsible for the birth injury?
To prove a doctor is responsible for your child’s injury during labor, you will have to prove negligence on their behalf. You cannot just prove that they made a mistake since this can just be attributed to being an accident. However, negligence can prove that medical malpractice took place. Negligence can prove that the doctor failed to uphold a certain standard of care that they were supposed to. This can show that they do not do everything in the best interests of the patient. An investigation into the doctor’s negligence will need to take place in order to prove your claim.
If families are able to win a medical malpractice case, they may be entitled to compensation. This compensation can help to pay for medical bills. With this compensation, parents may be able to gain aid for their child’s ongoing birth injury.
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