The birth of a child is unquestionably a beautiful experience. However, it is at times complicated, uncomfortable, and full of risk.
We trust our medical care providers to make our journey through parenthood smooth and safe. When these essential providers fail us, it feels that all we’ve been anticipating, planning for, and hoping for is snatched away.
If you are unsure whether or not you’ve been the victim of professional negligence, or you’re simply trying to understand more about lawsuits for birth injuries, you’ve come to the right place.
Read on to learn the four most important things you need to know about birth injury malpractice.
- Know the Duties of the Medical Professional
When it comes to birth injury malpractice, there are things you need to know. Know the duties of the medical professional. They are required to provide adequate medical care and treatment to their patients.
Know your rights because you have the right to seek compensation for your injuries under the birth injury law. Know the statute of limitations because there is a time frame in which you must file a claim.
- Identify the Breach
You need to identify the breach. Was there a failure to properly monitor the mother and child during labor? Was there a failure to properly manage the delivery? Was there a failure to anticipate and manage complications?
If you can prove all of these elements, you may have a successful birth injury malpractice case. That is where the next step comes in.
- Detail and Report the Injury
A birth injury is an injury that occurs during the birthing process. This can include physical injuries, such as broken bones, or psychological injuries, such as post-traumatic stress disorder.
You need to show that the breach resulted in injury. This requires expert medical testimony. You need to show that the injury resulted in damages and this may include medical expenses, pain, and suffering, and lost earning capacity.
- Find Out if There Is Proximate Causation
If you or your child has suffered a birth injury, you should speak to a birth injury attorney from kurtzandpeters.com for example to assess whether you have a case. Factors that will be considered include the severity of the injury, the circumstances leading up to the injury, and whether the medical professional deviated from the standard of care.
You need to file a malpractice claim within the applicable statute of limitations. In most states, this is two years from the date of the injury.
Be Educated When Dealing With Birth Injury Malpractice
If you or a loved one has suffered from a birth injury, it is important to be educated on your legal options. Birth injury malpractice can be a complex and emotional process, but you don’t have to go through it alone.
An experienced birth injury lawyer can help you navigate the complexities of the legal system and fight for the justice and compensation you deserve. Contact a professional today.
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