Parenthood is the best experience in life for any couple. However, this joyous moment can be unfortunate sometimes when your newborn experiences complications, leading to a childbirth injury.
Sometimes, a birth injury happens accidentally, while it can be the result of the negligence of a healthcare professional. If the latter is the case, you can call it medical malpractice, where you can claim compensation from the medical professional.
But, before that, you need to understand when a birth injury can be considered medical malpractice. Let’s begin.
When Can a Birth Injury be a Medical Malpractice?
Generally, medical malpractice is considered a personal injury claim, where the mother or child is injured due to the negligence of the healthcare professional. According to a recent study, at least two hundred thousand people die every year in the United States due to medical errors. In such cases, the sufferer’s family can claim compensation based on medical malpractice with the help of a professional birth injury lawyer./p>
However, when it comes to birth injuries, not every case is medical malpractice. A birth injury becomes medical malpractice when the healthcare professional is responsible for the injury due to his or her negligence. Here are four scenarios:
- When the healthcare professional doesn’t do anything when they should
- When a medical professional prescribes the wrong medicines
- When a surgeon handles the baby roughly after birth, leading to injury
- When doctors fail to diagnose a disease or condition, like a mother’s high blood pressure, performing a cesarean section, monitoring the baby’s heart rate, etc.
But, how do you prove if the birth injury is medical malpractice?
Well, to ensure a successful claim, you have to meet these four aspects of negligence, such as:
Breach
You have to show that healthcare professionals have provided unsatisfactory care and breached their duty, like failing to give the right medication to the mother or child or overlooking the need to provide treatment when needed.
Duty of care
Every healthcare professional has to follow their duty of care. So, you have to show that you and the newborn were the patients of the very doctor against whom you are claiming medical malpractice. The best way to prove it is by showing the medical records of that healthcare provider.
Injury
You must have evidence that your infant has suffered from a birth injury due to the breach of duty of care of the medical professional with whom your newborn was under treatment. In this case, you can show the financial statements and medical invoices as evidence of the financial distress you have undergone.
Causation
To prove your healthcare provider’s breach of duty of care, your newborn’s birth injury must be connected to the professional’s negligence, like failing to monitor your child’s heart rate or diagnose the condition.
So, who can you sue for such medical malpractice cases regarding birth injuries?
Any healthcare professional who breaches their duty of care and shows negligence in diagnosing, caring for, or treating a newborn or mother, including doctors, nurses, surgeons, pharmacists, and technicians.
Types of birth Injuries
Here are the kinds of birth injuries that happen due to the negligence of healthcare professionals toward the newborn, including:
- Cerebral Palsy
- Dislocated shoulder
- Fetal distress
- Brain damage
- Newborn jaundice
- Umbilical cord strangulation
- Skull fracture
- Wrongful death
For mothers, blood loss, chronic pain, and vaginal or post-traumatic stress are serious injuries that happen due to healthcare provider’s negligence.
Need Help with a Medical Malpractice Claim?
At Find Injury Law, we can help. We can help injured newborns and their parents get the best birth injury lawyers in Brooklyn for their cases so they can have the highest possible financial compensation. Reach out to us today or call us now for a free consultation!