Child birth malpractice is a very serious type of negligence. When a doctor engages in malpractice while delivering a child, he or she is putting a human life in harm’s way. Sometimes the mistakes or miscommunications of staff members at a hospital can result in an unfortunate harm on a newborn child. When a hospital makes these mistakes or miscommunications, then the remedy is to pursue a lawsuit for medical malpractice against the hospital, doctors, or staff members.
There are a variety of illnesses and diseases that can harm a baby in a medical malpractice lawsuit. A baby can suffer from brain damage or cerebral palsy due to the malpractice of a doctor. Fractures and brachial plexus palsy are two other types of illnesses that may be suffered by a baby when medical malpractice occurs.
These injuries typically result during the birthing process when a doctor makes a misdiagnosis or receives the wrong information from hospital staff. There may be a case where a doctor walks into a hospital room and believes he or she is helping a different patient. A doctor may believe he is helping a mother deliver a child without a debilitating illness, when in reality that child has cerebral palsy. The different conditions of a baby can dictate a different type of delivery for the child. If a doctor is unaware of these conditions, then this unawareness can have a direct impact on whether the baby has a proper delivery.
In analyzing a child birth malpractice case, a lawyer will analyze the circumstances that led to the child birth malpractice and negligence. A lawyer may inquire about the type of tools that a doctor used to deliver the baby. If a doctor used forceps during the delivery, then the forceps may have been used in a careless way and caused an injury on the head of the baby. Perhaps a doctor used a vacuum during the delivery and caused great harm to the mother.
The negligent delivery of a child may have even been a result of miscommunication between nurses in a hospital. Perhaps a doctor was experiencing fatigue while he or she delivered the child. A doctor may have been unable to follow the standard hospital policies. These are all factors that could contribute to child birth malpractice.
If you believe that child birth malpractice has contributed to your child’s injuries, then you should consult with a lawyer to determine whether you have a case. You will be the one responsible for proving that negligence occurred in your particular case. A lawyer knows how to prove the particular elements of a child birth malpractice case.
Additional Frequently Asked Questions
- Do You Have to Prove a Doctor-Patient Relationship if You Sue?
- Are Nursing Home Injury or Abuse Cases Considered Medical Malpractice?
- How Do You Determine If Someone Is the Victim of Medical Negligence?
- Does the Good Samaritan’s Law Protect from Liability If in Non-Medical Facility?
- How Can I Determine If a Doctor, Hospital, or Other Health Care Provider Has Committed Medical Malpractice?