Having to deal with birth injuries after labor might be the most distressing time in a mother’s life. Not only do you have to deal with the emotional roller coaster that usually follows delivery, but you may also be faced with the possibility that your child might not actually make it, possibly out of negligence. If you think your medical staff or doctor may be directly responsible, know that you can have recourse and get compensated. However, you have to be able to prove your case first. Here’s what you should do if you think a birth injury was caused by negligence or malpractice.
Identifying Medical Errors
Doctors and administrators will often willfully blur the picture so you can’t get to the bottom of the issue. They will do everything to protect their reputation and not have to pay.
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However, there are conditions that are often related with medical errors, like jaundice, cerebral palsy, or nerve damage like facial paralysis, for instance. So, if your child is suffering from any of these conditions and you suspect there was foul play, then this is a first sign. Cerebral palsy is probably the worst of birth injuries and often occurs when the child was deprived of any source of oxygen for a long period of time.
Proving that Complications Were Caused by Negligence or Errors
To determine whether a hospital or doctor may be responsible for injury or birth defects, the jury will have to judge whether the physician acted within the accepted standard of care for the profession. Meaning that, if the average doctor would have avoided the situation, then the doctor that performed the delivery could be held accountable.
During these cases, you’ll have to be able to demonstrate to the jury what the proper standard of care should be through expert testimony. Working with the right birth injury law firm is also important if you want to be able to prove your case. Firms like Bradley I. Kramer, Esq. have been handling birth defect injuries for years. They will know exactly what a birth injury looks like, help you get crucial information from healthcare facilities and doctors, and figure out which parties are responsible.
Which Parties Can be Sued?
Know that not only doctors can be sued for negligence or malpractice. In some cases, hospitals can be held either directly or vicariously responsible for a birth injury. Vicariously means that they could be held responsible for actions committed by someone in the hospital even if they weren’t directly responsible. Hospitals could be held directly responsible, however, for leaving access to a physician who didn’t have the credentials. Even pharmaceutical companies could be held liable if a certain drug was proven to cause birth defects.
While birth injury cases are never easy to deal with, it’s your responsibility to fight for yours and your child’s rights and get compensated for any wrongdoing. Always make sure that you have the right team by your side, and make sure that they’re truly dedicated to your case.
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