Negligence during delivery is one of the common reasons for childbirth injuries. While it is possible that the attending physician did something or failed to do something that contributed to malpractice, proving this is not that simple. A birth-related injury alone is not enough to support or prove that the doctor has been negligent in the birth process.
When pursuing a medical malpractice lawsuit, establishing the appropriate level of care is important. This is also known (legally) as the medical standard of care, which is the level at which the same healthcare professional would be expected to observe under the same circumstances. This may also refer to the type of care an average practitioner (with the same training and specialty) would provide in the similar situation.
It is important to show that the standard of care was breached to prove medical negligence. Birth injury law firms note that if another physician (with a similar experience and training) would not provide the same treatment (under the same situation), the patient may have a medical practice case. At this point, it would be helpful to have a qualified medical witness that can affirm how the doctor’s negligence or nonconformity to the standard of care resulted in or contributed to the injury.
In certain childbirth scenarios, doctors are required to make a quick response when the health of the mother or the unborn child is in danger. If the situation calls for drastic measures, the injury may be considered a practical or necessary risk. If it is the otherwise, however, or if there are no present complications, the attending physician may be considered negligent if the infant incurred an injury.
Failure to Respond
If a response to a situation is necessary but the doctors failed to act, medical negligence may also be present. The practitioner may also be liable for any injury. This is true when an infant, for instance, is in danger with the lack of oxygen, but the physician failed to perform a Caesarean section in a reasonable amount of time. The victim or the mother may then file a medical malpractice lawsuit.
Medical malpractice during childbirth is a complex matter. This is why it is important to seek legal help from an experienced birth injury lawyer. This is to learn more the about the case and to know what to expect when filing a lawsuit.