Serious Lawyers for Serious Injuries

The Basics of Birth Malpractice

Published on Oct 15, 2019 at 12:34 am in Birth Injuries.

Welcoming a new life into this world is often one of the greatest moments of any parent’s life; a miracle of human existence joining the population to the joy and expectation of family members, hinging hopes on their successes in the future. The last thing anyone in the hospital room wants is for something to go wrong. In an instant, the world shrinks and fears race wildly when the nurse or doctor gives a grave look. Worse than that is when an injury to the infant, or the mother, is the direct result of negligence not he part of the medical staff, either by action, inaction, or unclean utensils. Medical malpractice isn’t exactly easy to prove and often requires a birth injury lawyer to help you prove negligence, but there are a few considerations to know before pursuing damages.

Just because a baby is born with a defect, or the master sustained injuries during pregnancy or childbirth, does not make an open and closed case of negligence against the doctor, medical staff, or hospital. The first step is to prove that the physician or medical staff did not act in accordance with the expected and highest quality level of care that a competent doctor or staff would. If you’re unable to prove that your doctor failed to meet the commonly accepted level of care, regardless of injury to the infant or mother, then your malpractice case cannot move forward. If there is a discernible delineation from expected care and that there was in fact an act of negligence, your case can move forward.

There are a few ways in which a physician could have neglected the family or infant during the pregnancy, including:

  • Collarbone fractures to the newborn
  • Hemorrhages
  • Scalp swelling
  • Brain damage
  • Limb disfigurement

Furthermore, the doctor could have missed diagnosing any issues with the fetus during the pregnancy that may have been corrected via neonatal surgery. If a couple tried to avoid a pregnancy via medication, sterilization, or other methods and one or all of them failed, they could sue the doctor for what is known as wrongful birth. In any of these events, you must prove that it was the actions of the doctor and/or hospital that lead to the birth defects and that if a different, competent doctor was in place that the defects, injuries, death, or wrongful birth would not have occurred.

If you or a loved one believe that a doctor acted negligently and affected the birth of an infant, it is imperative that you contact a lawyer to review your case and help you navigate the complex legal and medical battle ahead. Call our offices today to learn more; we’re here to help bring justice to those that have harmed you, or your family.

Meet Your Team

Free Legal Consultation

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Legal & Firm News

What Happens if You Need Surgery After Receiving a Car Accident Settlement?

Auto insurance companies are often eager to get car accident victims to sign a release of all claims. They can only rest easy knowing that you won’t be able to take any further legal action against them, such as suing for financial compensation for their insured’s negligence, once you sign on the proverbial dotted line. […]

Read More

Does Homeowners Insurance Cover Dog Bites?

In 2022, the United States Postal Service (USPS) ranked Albuquerque among the worst cities for dog attacks on its annual list. Whether you’re a letter carrier, a child playing in the park, or a neighbor taking your own dog for a walk, being injured in a canine attack is a traumatizing event. Victims are often […]

Read More

What Happens When Your Vehicle Gets Towed After a Car Accident?

A serious collision can cause more than just physical injuries. If your vehicle was damaged or totaled in the crash, it may need to be towed from the scene. There are also situations in which the car may still be drivable, but a tow truck is necessary anyway. We want you to feel empowered to […]

Read More