Can birth injuries be considered medical malpractice?

The birth of a child is an exciting time for parents. The moment they have been preparing for months for has finally arrived. When it is time to rush to the hospital, chaos can erupt. However, the chaos subsides when the baby is placed in your arms. It is important to have a trustworthy doctor at your side throughout the whole pregnancy. These doctors are highly intelligent, but they may also make mistakes. During the birth of an infant, doctors can cause a birth injury if they act negligently. By acting negligently, they are displaying medical malpractice. For these situations, individuals have the right to seek legal action against these healthcare professionals.

What are some birth injuries that can occur due to negligence?

Birth injuries can refer to a wide range of injuries that can result from the miracle of life. These injuries may include Erb鈥檚 palsy, cerebral palsy, facial paralysis, spinal cord injuries and more. When negligence is involved during child labor, 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. Doctors have to be knowledgeable of all processes that they may have to use. Not only should they be knowledgeable, but they should also be attentive throughout the whole process. If unknown circumstances arise, the doctor鈥檚 lack of action can contribute to a birth injury. If a doctor does not do anything to help their patient, they may be negligent.

How can I prove a doctor was negligent?

In order to prove a doctor acted negligently, individuals will have to prove the extent of the doctor鈥檚 lack of action. You cannot simply state that they caused a mistake because sometimes doctors make mistakes as we all do. Proving negligence is a different concept. It is important to gather information and firsthand accounts of the negligence. An investigation may be made into the sequence of events and the doctor鈥檚 behavior. If it is proven that the doctor was negligent, then you may be entitled to compensation. This compensation can help provide for your child and their medical bills. It may also be able to provide for their future with a birth injury and its long-term effects. The negligence of a doctor shows that they are not providing the care that every patient deserves. Doctors are held to a certain standard of care based on their peers and institutions they are associated with. They should never act negligently. As a doctor, patients put their trust in them every day to provide them with the care they need. Medical malpractice can negatively affect the lives of patients with varying issues.

At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice claims process. Our firm understands how traumatic it can be when you become a victim of medical malpractice. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.