Hiring a birth injury medical malpractice lawyer in Washington DC, after what should have been an exciting delivery of a child isn’t something a parent wants or wishes for. But there are instances when it’s the most practical action to take, especially if your child is likely to incur ongoing medical costs their entire life.
What is a birth injury?
This refers to any injury that happened during, before, or after the childbirth process, regardless of whether the symptoms manifest immediately or later in life.
- Some of the most common birth injuries are brachial palsy, scalp swelling, hypoxia, clavicle fracture, and facial paralysis.
- Injuries may be a result of delayed intervention, incorrect diagnosis, failed monitoring, improper use of medical tools, and medication errors.
- Birth injuries are proven to be preventable if only the doctors, nurses, and medical staff acted and responded promptly and appropriately.
What makes it eligible for a malpractice claim?
Because there are many reasons a birth injury happens, establishing it as malpractice requires satisfying certain parameters. You don’t have a case if you can’t prove your HIPAA rights have been violated, for example.
Duty
- You must prove the medical staff involved failed to provide you and your baby with the best and most competent medical care.
- Establish liability by showing proof that the care provided was substandard, resulting in a birth injury.
- The medical treatment you received was inappropriate upon specialist assessment.
Breach of Duty
There should be evidence that:
- A healthcare provider failed to meet the standard of care, resulting in an injury.
- The standard of care provided falls short of what is considered acceptable in the hospital and the situation they’re working in.
- They made a mistake that a fully trained and highly qualified medical practitioner wouldn’t make.
Causation
- There must be clear evidence that the breach of duty resulted in your child’s life-changing injury.
- If a baby suffers from birth defects, for example, you must demonstrate how a doctor’s or nurse’s negligence caused them.
- The proof you present must show that there’s over a 50% chance that the defendant caused the birth injury.
Damages
- You must show how your child’s injury caused significant problems that bled into financial losses, pain and suffering, and future care needs.
- There must be proof that a birth injury resulted in measurable harm.
How do you find the right lawyer?
There are several steps involved before filing a medical malpractice lawsuit, and a legal consultation should be one of them. But will any lawyer do?
- Choose an experienced lawyer in birth injury cases, not the first personal injury lawyer you find. Their experience will prove beneficial in ensuring you can navigate the complex legal frameworks with minimal stress.
- Read reviews and testimonials to gauge their reputation and performance. Why waste time with someone who can’t guarantee the best possible outcome for your case?
- Work with someone who not only knows the laws surrounding birth injury lawsuits but also the medical complexities involved. Knowing the law is one thing, understanding the medical aspects is another.
- Hire a lawyer knowledgeable of your state’s specific rules on birth injury cases. Statutes of limitations vary per state, for example. The professional you work with should know this and more.
Parents want a safe and healthy delivery every time. Unfortunately, if your child suffers from an injury caused by medical negligence during childbirth, it’s your right to seek justice and compensation. An expert in medical malpractice from Child Injury Firm can provide the professional advice you need.