Rubella birth injury occurs when a mother who is infected with the rubella virus passes it to her baby in the womb or during childbirth. Rubella, also known as German measles, is known for a red rash, fever, sore throat, and other symptoms. It is much more dangerous to developing babies than it is to adults, and it can lead to a host of congenital disabilities.
If your baby suffered a rubella birth injury related to a maternal infection, you may have grounds for a medical malpractice case. A rubella birth injury lawyer from Newsome | Melton can help.
Newsome | Melton is a personal injury law firm with a record of helping injured clients recover damages in medical malpractice cases. We offer a free case evaluation and work on a contingency basis, meaning we collect a fee only if you get compensation.
To speak with a member of our team, call us at 888-526-8947.
Your Doctor’s Responsibility to Prevent a Rubella Birth Injury
Rubella birth injuries are rare in the United States, but they do happen, often because the doctor failed to educate the patient on the steps needed to reduce the risk.
Rubella, once a common disease in the United States, was declared eliminated in 2004, thanks to widespread vaccination. But many countries around the world still struggle with outbreaks. If an unvaccinated person comes into contact with someone who has rubella, such as while on an overseas trip, they can contract it.
Women who are pregnant or who think they might become pregnant should take steps to avoid contracting rubella. These include:
- Checking with their doctor to make sure they are vaccinated
- If unvaccinated, receiving the vaccine at least four weeks before getting pregnant
According to the Centers for Disease Control and Prevention a woman who discovers she is unvaccinated while already pregnant should wait until after childbirth to get the vaccine. In this case, she should take extreme precautions during pregnancy to avoid coming into contact with rubella.
If your baby suffered a rubella birth injury, our attorneys can investigate and collect evidence to show where your doctor fell short in helping you manage your Rubella infection during pregnancy.
To schedule a free case evaluation today, call Newsome | Melton at 888-526-8947.
Newsome | Melton Can Help You Take Legal Action Against Your Doctor for a Rubella Birth Injury
The Newsome | Melton team fights for the rights of clients whose children suffered birth injuries because of the negligence of a doctor or healthcare provider. We can investigate, identify the responsible party or parties, and then build a strong medical malpractice claim against them.
A successful claim is one that proves four conditions:
- Your doctor had a duty of care to you or your child
- Your doctor failed to uphold this duty of care
- You or your child suffered an injury because of your doctor’s negligence
- The injury caused you to incur economic or non-economic damages
Your Doctor Had a Duty of Care
Every doctor has a duty of care to his or her patients. Anyone who works for a doctor or is in a healthcare role and is involved in the treatment of patients also has a duty of care. That includes nurses, lab technicians, physician’s assistants, and nurse practitioners.
As long as we can show that the responsible party was involved in treating you in a medical setting, we can show they had a duty of care to you.
Your Doctor Failed to Uphold His or Her Duty
In order to show that your doctor or provider failed to uphold his or her duty as a medical professional, we must compare his or her actions to the standard of care expected of all reasonable professionals. In other words, we must demonstrate that the doctor’s actions constitute medical negligence.
You or Your Child Suffered an Injury
For your doctor or other healthcare provider to be liable for medical malpractice, we must show that the doctor’s failure to uphold the standard of care led you or your child to suffer an injury. In this case, we must connect your child’s congenital rubella infection to a specific failure by your doctor.
To draw this link, we can call upon a number of different types of evidence, including your medical records, lab test results, statements from other doctors, and expert medical testimony.
You Incurred Damages
Lastly, we have to list the damages, both economic and non-economic, that you and your child incurred because of your doctor’s failure to uphold the standard of care.
The Statute of Limitations on Rubella Birth Injury Lawsuits
All states have statutes of limitations on medical malpractice claims. When birth injuries are involved, the statutes are more complicated because the victim is a child. Call an attorney for help before the statute of limitations expires. Once the statute expires, you lose the ability to recover damages, no matter how strong your case is.
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