There is truly nothing more devastating for a new parent than having a baby suffer severe birth injuries. The tragedy is compounded when parents find out that the birth injuries could have been avoided, and that a medical professional’s negligence is to blame. While no amount of money can truly compensate a family for the consequences of a serious birth injury, a medical malpractice case can provide a measure of justice and financial support to assist them as they adjust to their baby’s needs.
However, it’s important to note that not every birth injury is the result of negligence. If your baby was born with complications, the first step is understanding whether you have a medical malpractice suit to pursue or not.
What Constitutes Medical Malpractice?
Medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. In the context of birth injuries, this could involve errors made by doctors or nurses during pregnancy, labor, or delivery. Common examples include failure to monitor fetal distress, improper use of delivery instruments, or delayed C-section decisions. These actions sometimes result in serious injuries such as cerebral palsy or other types of brain damage.
According to West Virginia law, to establish a case for medical malpractice, it must be shown that the healthcare provider deviated from the accepted standard of care. In other words, in order to win a medical malpractice case, your attorney will have to provide sufficient evidence to prove that the medical professional’s actions were not consistent with what most other reasonably prudent healthcare providers would have done in similar circumstances.
There are several other key elements that your attorney will have to establish in order for your case to be successful. For example, it must be shown that the medical professional’s negligent action was the actual cause of your child’s injuries. You must also be able to quantify the full extent of your child’s injuries so that you can request fair compensation for them.
When in Doubt, Consult an Attorney
Even after reading the above section, some parents may still not be sure if their situation amounts to a case of medical malpractice. It’s always a good idea to consult an attorney with experience in malpractice cases in order to analyze your situation and determine if you have a viable case to pursue.
Importantly, in addition to gathering and analyzing medical records, consulting with medical experts, and building a strong case, legal professionals who have been through this type of case before can offer the empathetic support and guidance needed during such a challenging time.
For families facing the heartache of a birth injury, the good news is that the legal system offers a pathway to seeking accountability. The first step on the path to justice is understanding your rights and options.