Birth Injuries To Baby: What You Could Do About It Legally
Birth injuries are sometimes caused by medical malpractice or negligent acts that occur when a mother gives birth to her baby. Sometimes, doctors can also cause un-avoidable complications, even when they adhere to the standard procedures of medical care.
An expectant mother usually tries to take good care of herself during pregnancy so that she can give birth to a healthy baby. But this could be all for nothing if the medical team ends up inflicting an impairment on the infant.
Doctors and their staff deal with a lot of pressure inside the delivery room. Miscommunication happens, which could result in the commission of errors while performing delivery procedures.
Sometimes they pull the baby too hard during delivery, forget to use the proper tools, give mothers the wrong amount of medicine, fail to pay attention to child delivery, or commit other errors.
But even with all the medical mistakes committed by your doctor during your childbirth, you can’t just sue them immediately. You need to establish various factors if you want to file a lawsuit against them.
To help you out, in this article, we will discuss the things you could do legally after discovering that your baby has suffered birth injuries.
1. Establish The Doctor-Patient Relationship
The first thing that you need to do is to establish that you have a doctor-patient relationship in order for your lawsuit to prosper.
Here are some things to remember:
- You can only sue the attending doctor who assisted you in your childbirth. Make sure to address the lawsuit to the right doctor as he/she is the one that you had a doctor-patient relationship with when you gave birth.
- Any other doctors present during child delivery should not be included in the lawsuit because you didn’t have an established doctor-patient relationship with them.
- However, other healthcare professionals like nurses, pharmacists, specialists, and psychologists can also be held liable for medical malpractice/negligence if they assumed direct responsibility for the care of your infant.
2. Prove That Your Doctor Committed Medical Malpractice Or Medical Negligence
In civil cases, malpractice or negligence occurs the moment your doctor deviated from the required standard of care that each doctor is expected to observe.
The burden of proof is on the plaintiff. Thus, you have to prove in court that your doctor has committed wrongdoing as opposed to what a more competent doctor would do in the same situation during childbirth.
If you are able to prove that your baby’s injuries were a direct result of the malpractice or negligence committed by the doctor, then there’s a chance that your lawsuit will prosper in court.
Indeed, doctors are not required to perform their very best in every situation. However, they must provide services with reasonable care and skill.
Here are some of the tips to remember in proving doctor’s medical negligence or malpractice:
- Consult with more reliable and skillful medical experts who have dealt with child delivery to help you establish that your doctor has in fact committed misconduct or negligence during your childbirth.
- Prove that your baby’s poor health is a result of care your received during pregnancy or the childbirth procedure.
- If you have natural complications during pregnancy, your doctor might not be held accountable for medical malpractice.
3. Hire A Lawyer
After establishing your cause of action and proving that your doctor committed wrongfully in the childbirth, then it is now time to file a case in the court.
With that, the doctor will be investigated and invited to the court to answer to the allegations directed at him/her. If proven guilty, the medical professional can be liable to pay for damages and fines, and may end up with a suspended license.
Here are some of the things to consider if you wish to hire a lawyer:
- Hire a lawyer that specializes in personal injury suits and has extensive experience in handling cases about birth injuries to babies. Medical malpractice/negligence is complicated and the laws are different in each state; therefore a competent lawyer is a must.
- Select a lawyer who you find easy to deal with. You should be able to comfortably communicate with them and come to an agreement regarding the terms of your case.
- Choose legal counsel also based on your budget. Check the firm’s official website or pay a visit to their office to know more.
In sum, having a baby can bring a source of brightness to every member of the family. But if the baby has injuries, defects, or other abnormalities due to medical malpractice or negligence of the doctor, nurse, etc., then the family will be forced to file a case to make the medical professional pay for their actions.
There are various factors to establish to prove your doctor’s liability to win in court. It is indeed essential for you to collect evidence and hire a good lawyer that can help you in every step of the processes in the court.
As such, you can ask for help from a competent lawyer to improve your chances of winning your medical malpractice case against your doctor.
Disclaimer: This article only contains general information about birth injuries to the baby and what you can do about it legally. The article is not a substitute for advice from a lawyer. If you wish to know more about a particular case, seek help from a legal counsel.
Sabrina Wright is a vibrant young law writer currently writing her next big project. Her modern outlook on the law field is reflected on her informative pieces. Sabrina loves cooking and often invites her friends over for barbecue.