Birth injuries are a tragedy faced by many families. Unfortunately, birth injuries can often be prevented when proper measures are taken to ensure a safe birth. If your child was injured during their birth or while still in utero, you may be able to file a medical malpractice claim against your physician. Here are some things to understand about how birth injuries can be the basis for a medical malpractice claim.
Medical Negligence & Birth Injuries
In any injury claim, you’ll need to show how negligence played a role in your injuries or your infant’s injuries. There are many ways in which medical staff can be negligent, however, as a patient, you are entitled to a high level of reasonable care. Some of the most common reasons for a medical malpractice claim include:
- Failure to inform you of a developmental abnormality
- Failure to help prevent a pregnancy, such as by performing a tubal litigation incorrectly, resulting in a wrongful pregnancy
- Failure to diagnose or delayed diagnosis of development issues, infections, or other conditions
- Failure to take precautions during the birth to prevent injuries
During your pregnancy and birth process, medical care providers should be on the lookout for potential issues so they can prepare accordingly. This means providing careful screenings and monitoring your health and the health of your baby as you get closer to term, as well as preparing for potential birth complications.
Proving Negligence in a Birth Injury Case
As the plaintiff, or party filing the medical malpractice claim, it will be necessary to prove that your physician was negligent. This means you will need to provide evidence that another equally skilled and trained physician would have prevented your injuries under similar circumstances. There is also a generally accepted standard of medical care, which will be a determining factor in whether your provider’s behavior meets the requirements for a medical malpractice claim. Below are the elements of a medical malpractice claim.
The Elements of a Birth Injury Claim:
- The defendant owed the plaintiff and their infant a legal duty of care.
- The defendant breached that standard of care by acting or failing to act in a way that a reasonably competent individual would have in similar circumstances.
- The defendant’s failure to meet their duty of care caused harm to the plaintiff or their infant.
Your attorney will likely consult expert witnesses, who are medical professionals in the same area of practice as the defendant. Their testimony will comment on the complexities of your case and provide necessary medical information that the average person may not be aware of, as well as deliver a professional opinion on the case.
When it comes to your family, there’s nothing more important than ensuring that you or your baby can get the medical care you deserve. If your child suffered a birth injury due to medical negligence, our team at Bertram & Graf, L.L.C. has the experience, compassion, and insight to guide your family through every step of your injury claim. Schedule a consultation with our Kansas City medical malpractice attorneys to discover how we can help you today.
Contact our offices by calling (888) 398-2277.