Birth injuries are perhaps the most notorious form of medical malpractice. Many people have heard horror stories about expectant parents experiencing something traumatizing or downright horrific at the hospital.
Hopeful families ready to bring home a healthy newborn sometimes have to completely adjust their expectations because of tragic and preventable injuries caused by medical malpractice. Those affected by birth injuries often have a lot of questions about what happens next. The three frequently asked questions below are among the most common concerns among those affected by a birth injury.
Does a birth injury automatically provide grounds for a malpractice lawsuit?
Some people assume that any serious injury might warrant a medical malpractice lawsuit. However, an unfavorable outcome is not necessarily indicative of malpractice. For example, an infant’s cerebral palsy might be the result of an illness or injury the mother sustained during the second trimester, not an error during labor and delivery. There needs to be a direct connection between something healthcare providers did or did not do and the birth injury for the case to warrant a malpractice lawsuit.
How can we afford birth injury expenses?
Birth injuries can generate a host of different expenses for the family affected. There are the increased lifetime medical care needs of a child with a permanent birth injury to consider. Even short-term treatment for conditions that may lead to a full recovery is often expensive. Parents may also have to worry about lost wages if they stay home to care for the child and about covering the child’s long-term support needs. Provided that there is a connection between an egregious medical mistake and the birth injury, the malpractice insurance covering the physician or the facility could theoretically help cover a family’s expenses. To obtain that coverage, a lawsuit is often necessary.
How do we prove that healthcare professionals made mistakes?
Developing a medical malpractice claim can be a lengthy process. It often begins with patients and parents establishing thorough personal notes about the care that they received. Obtaining copies of medical records from the healthcare provider is also a crucial step. Frequently, those who suspect malpractice need to review the details of what they experienced with an unaffiliated healthcare professional. They may also require the insight of a lawyer to affirm whether they are likely to have a strong case in civil court.
Sitting down to review what happened during the birth of a child may benefit those who think they may have grounds for a medical malpractice claim. Parents who worry about the expenses of birth injuries may need help seeking reasonable compensation for their family.