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When is a Birth Injury Considered Medical Malpractice?

Newborn baby being held by doctors

The birth of a child is a time worth celebrating, but sometimes complications happen. Although some birth injuries happen at the negligence of another party, not all injuries are due to medical malpractice. This blog is going to take a dive into whether you have a medical malpractice case or not, and what your next steps may be.

What’s Considered Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, nurse, or health care professional causes harm to a patient through the act of negligence. Some common causes of medical malpractice are just common mistakes during and after the child’s birth. Some situations in which a birth injury is considered medical malpractice include:

  • Failure to diagnose infections.
  • Failure to identify risks in the pregnancy.
  • Failure to perform a C-section.
  • Improper use of force and forceps.
  • Lack of aftercare for the mother and baby.

Not only can the baby suffer from birth injuries, but mothers can too.

How Do I Prove Medical Malpractice?

To receive compensation for you or your baby, you will need to prove that the healthcare professionals were negligent while you were under their care. You must prove the damages that resulted from the injury which include medical bills, pain and suffering, and loss of income. But, most importantly, you must prove that the doctor’s negligence caused harm.

A medical malpractice attorney can assist you with collecting evidence to strengthen your case. If you believe that your doctor or healthcare provider caused serious harm out of negligence, your best option may be to contact a medical malpractice lawyer.

How We Can Help You.

Having to endure a birth injury can be a strain on your family emotionally and financially. The cost of care can be ridiculous, but a birth injury claim may help you receive the financial compensation your family deserves. The attorneys here at Robert Peirce & Associates, P.C. can assist you with building a case to help pay for your child’s medical expenses. If you are interested in starting a claim, give us a call at (844) 383-0565 or fill out this form for a free consultation.