The birth of a child is one of the most exciting and joyous things that can happen in someone’s life. Every day the trained medical professionals of maternity wards across the United States deliver new lives into the world and place them in the caring arms of their parents. However, when these doctors and nurses make mistakes during a pregnancy or birth, they can have a lasting impact on the entire life of the baby and the mother. The victims of such a mistake may have the ability to file a medical malpractice lawsuit against the doctors or the hospital where the delivery occurred.
The most common cases of malpractice involve the medical practitioner’s failure to adequately assess and respond to conditions or complications that arose during pregnancy or delivery. This can include improper use of a medical device, failure to perform a caesarian section despite it being necessary, or generally improper assessment of a fetus’s health.
Another common case that can occur is when a doctor prescribes a drug that proves to be dangerous to the mother and the baby. This drug could have been prescribed to help with the baby or for an unrelated condition, and in such a scenario the victim may be able to request legal compensation from both the pharmaceutical company as well as the doctor.
It is important to clarify that just because a child or mother was injured during birth does not mean that it was due to malpractice. Sometimes injuries can happen despite the best efforts of a competent and skilled doctor. Many children will also suffer from birth defects that could not have been avoided, despite modern medical technologies and procedures. In order to prove that the birth injuries were a result of malpractice the victim must prove that the care provided by the doctor or medical professional was below standard of care that should be expected of them.
Birth injury cases can be difficult and heart breaking, and with the gravity of the injuries and duress that can be placed on the victims, it is imperative that a personal injury attorney Atlanta GA trusts with experience in this area be allowed to represent them. The attorney will be able to look at the factors of the case and determine the applicable laws in order to make sure that the negligent doctors are held account, and the victims receive the compensation that they need.
Thank to our friend and contributor from Andrew R. Lynch P.C. for their insight into birth injuries.