If you are a parent of a child who was injured or who died during birth, you may be desperate for answers. Birth injuries typically include injuries that an infant suffers in utero, during labor and delivery, or shortly after being born. Minor birth injuries such as scrapes or bruises clear up in a few days and do not affect the infant long-term. Other birth injuries lead to life-long disabilities and medical complications. While some birth injuries are unavoidable, others are the direct result of medical negligence. When determining whether a birth injury was caused by the negligent or wrongful actions of a medical professional, courts use the “applicable standard of care.”
Medical Mistakes and Birth Injuries
Medical professionals are human. They make mistakes. However, physicians and other medical professionals are held to a very high standard when it comes to patient care. If a medical mistake is egregious or results in preventable harm to a patient, the mistake may not be excusable. Many parents of children who have suffered or passed away because of a birth injury wonder if the doctor or the medical facility at which their child was born is to blame. The answer to this question is often hard to determine. Medical malpractice attorneys gather evidence from a range of sources when investigating suspected or alleged malpractice. They often consult with medical experts to determine if a doctor or hospital’s conduct deviated from the norm.
Components of a Medical Malpractice Claim
There are four components to a medical malpractice claim:...