Hepatitis B can pass from a mother to a baby during childbirth. This can cause long-term and potentially life-threatening issues for the child. For a child to recover from a hepatitis B infection at birth, the treating physician and his or her staff must be diligent. This includes making the proper diagnosis and administering treatment promptly.
Did your baby suffer harm because your obstetrician, midwife, physician, or other medical provider misdiagnosed your hepatitis B? You could have a valid medical malpractice case. A hepatitis B virus misdiagnosis birth injury lawyer from Newsome | Melton can help. We offer a free case evaluation and do not collect a fee until we recover damages for you. For a free case evaluation, call our office today at 888-526-8947.
It Is Your Provider’s Responsibility to Diagnose and Prevent a Hepatitis B Birth Injury
The disease can easily pass from an infected mother to a newborn during childbirth. The American Academy of Pediatrics (AAP) recommends babies receive a hepatitis B vaccination within 24 hours of birth.
This vaccination doesn’t just prevent a baby from getting infected when delivered by a mother with hepatitis B. Once vaccinated, 98% of babies develop full immunity to the condition for life.
The hepatitis B vaccination is so effective in newborns that only 1,000 or so babies develop hepatitis B each year in the United States. But many of those cases happen because a health care provider does not uphold his or her duty of care.
Screening the Mother
A health care provider has two primary responsibilities with regard to hepatitis B when treating an expectant mother. The first is to screen the mother during pregnancy to recognize if she has the condition. A positive test means the mother is at risk of passing it to the baby. If the mother tests positive for hepatitis B, the doctor and his or her staff must take proactive steps to ensure they deliver a healthy newborn.
Treating the Newborn
When a mother with hepatitis B delivers a baby, the doctor and his or her staff must take immediate action to administer treatment. A delay can increase the chances of the baby developing the condition. This can have devastating long-term consequences and can even be fatal.
If a doctor misdiagnoses the mother’s condition, he or she may fail to take appropriate action with the baby. In these circumstances, he or she may be liable for medical malpractice. The hepatitis B virus birth injury misdiagnosis lawyers at Newsome | Melton can help you recover damages.
To speak with a member of our team and receive a free case evaluation, call us today at 888-526-8947.
Our Team Helps You Build a Compelling Medical Malpractice Case
Do you feel like your doctor did not do enough to prevent your baby from developing hepatitis B at birth? The medical malpractice lawyers at Newsome | Melton can gather evidence and build a case to show that your doctor and his or her staff were negligent.
We can help you recover medical malpractice damages for your baby’s birth injury. A successful case proves four things:
- Your doctor or his or her staff had a duty of care to you.
- The responsible party or parties did not uphold their duty of care.
- You or your child suffered harm.
- You incurred losses because of your child’s injury.
Duty of Care
The first thing we will show in a medical malpractice suit is that the responsible party had a duty of care to you and your child. If the party was your doctor, he or she had an implied duty of care, which extends to every member of his or her medical staff who participated in treating you.
The facility that employed your doctor and his or her staff during your treatment could bear liability, as well.
Failure to Uphold Duty
We can then show that the responsible party did not uphold the duty of care that he or she had to you. We can prove this by comparing the responsible party’s actions to those one would expect of a reasonable person in the same scenario.
We can bring in medical expert witnesses to play the role of the reasonable person. They can review the evidence and testify about how they would have acted differently, likely leading to a better outcome.
You or Your Child Suffered Harm
Next, we show that as a direct result of the responsible party’s failure to uphold his or her duty of care, you or your child suffered harm. We have a number of ways to prove this with evidence. We will use your medical records and other evidence to make our case compelling.
The final thing we must show is that you incurred economic or non-economic losses because of the birth injury suffered by your child. Once we come up with a dollar amount for this damage, we can seek the full sum in a medical malpractice lawsuit.
Count on Newsome | Melton to Help You Recover Damages for Your Child’s Hepatitis B Misdiagnosis Birth Injury
If your child suffered a birth injury because your doctor misdiagnosed your hepatitis B, we can help. You may be eligible to receive malpractice damages. You can pursue compensation for the following:
- Medical expenses
- Lost wages
- Medical costs for your child’s care
- Pain and suffering and inconvenience
- Emotional anguish
Do Not Overstep the Statute of Limitations
Your state has time limit for how long you have to file a medical malpractice claim. You will want to talk to a lawyer to ensure you do not overstep the statute of limitations and forfeit your right to recover compensation.
At Newsome | Melton, we may be able to file a quick lawsuit if necessary to stave off the statute of limitations and preserve your right to recover damages. For a free consultation, call us at 888-526-8947.
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