Birth Injuries As A Result Of Medical Malpractice
Birth injuries such as hypoxia, Erb’s palsy, Shoulder dystocia, and cerebral palsy may be the product of medical malpractice. Medical malpractice is professional negligence committed via the act or omission of a health care provider such as an obstetrician/gynecologist, doctor, nurse, or anesthesiologist, in which the care provided does not conform to the accepted standards of practice in the medical community and causes injury or death to the fetus, or results in health problems after birth. The term used to describe the act of a doctor violating the standard of care he or she owes to a patient and thereby injuring the patient is “negligence.” Usually, there is some medical error involved on the part of the care provider that results in serious harm to the victim. Medical professionals almost always possess professional liability insurance, or medical malpractice insurance, to offset the risk of liability for such an injury and the costs of lawsuits based on the resulting medical malpractice claims. A doctor could be liable (depending on the circumstances) for such issues as prescribing experimental drugs without properly informing patient of the associated risks of treatment, leaving medical instruments in the body of a patient after a surgery, injuring the child during delivery, failing to diagnose fetal distress, failing to perform a C-section, or otherwise treating a patient or performing surgery in a way that results in injury. If an infant dies from birth injuries, it’s still important to take action so that other families in the future won’t encounter a similar tragedy or wrongful death. As difficult as it is during a time of unspeakable mourning, many families do find the strength to try to set things right.
If your child was injured during or before birth as the result of a surgery, medication, or other medical treatment, and believe the injury may have been the product of medical malpractice, you need an attorney that has experience in dealing with birth injury claims by your side to make sure you receive all the benefits and compensation you are entitled to. You need experienced and aggressive attorneys like Dan Newlin & Partners to help you get everything to which you may be entitled. Call us at (407) 888-8000 for a free consultation and to have all your questions answered regarding your injury.
I sincerely hope that you find this information helpful. If you have any questions concerning what to do after an birth injury case, or what option are available to you, please feel free to call or contact us, at anytime for answers, information and/or a free consultation.