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When is a Birth Injury the Basis for a Medical Malpractice Case?

By Jordan S. Goldsmith 

According to a recent investigative report, the United States is one of the most dangerous developed nations where a mother can give birth. Statistics indicate that over 50,000 mothers suffer significant injuries while or after they’ve given birth and approximately 700 mothers die. Moreover, this investigation further found that most of these significant injuries and deaths could have been prevented had healthcare providers followed widely accepted safety practices.

Of course, it is not only mothers who are at risk during the delivery a baby. Injuries during delivery can also occur to the baby, and when they do, they are incredibly devastating for parents. While certainly not all injuries to a baby are the result of negligence, it is even more tragic when parents discover that their child’s injury was the result of negligence and might otherwise have been preventable.

Where there is an injury to the mother or to the baby, and it was caused by negligence, our civil justice system provides a forum which allows victims to pursue justice for their losses.

So how does one differentiate a birth injury due to natural complications from one that’s the result of a preventable medical error?

First, it is important to learn the cause of the birth injury. Unfortunately, learning the truth of what happened may not always come from your physician, the nurses or the hospital. Without the help of the treating healthcare providers, it can be exceptionally difficult to determine the cause of a baby’s birth defect. That’s why we not only have access to literally hundreds of medical experts, but we also are one of the few firms to have in-house a licensed medical doctor and a registered nurse. With this capability we are often able to discover the true cause of a birth injury even when the treating healthcare providers and hospital refuse to cooperate.

Second, given our vast experience in the field of medical negligence, we can determine whether the cause of the birth injury was directly related to a breach in the standard of care. Medical professionals must abide by legally recognized and professionally accepted standards. A patient has the right to receive this level of treatment consistently from their medical providers. It is important that a client has attorneys on their side who not only understand the law but the medicine as well – after all the insurance companies will.

If you believe that you or a loved one has been injured as the result of medical negligence, we want to speak with you. We offer free consultations, and you will not have to us at the outset of the case. That’s because we take these matters on a contingency, meaning that you will not pay attorney fees until we have recovered compensation for you and your loved one.