The last thing any parent would want to hear is that their child was injured at birth. While birth injuries and birth defects do occur, if the problem is the result of negligent medical practices, filing a case is important. West Valley family law experts are available to guide you, but you will need to know the following details.
Birth defects can happen regardless of the level of care the medical facility provides. Factors include hereditary or environmental issues as well as pregnancy-related issues. If at any point during the pregnancy, the mother did things that are known to cause birth defects–such as alcohol consumption or smoking–then the case isn’t going to bear fruit.
On the other hand, birth injuries can occur during labor or delivery and is the result of substandard medical care. When your doctor uses forceps to aid the delivery or uses a vacuum during the vaginal delivery inexpertly, this can cause birth injury. Another example is if an obstetrician fails to recommend a C-section in time. There is, however, room given for unexpected complications and as long as the obstetrician shows the reasonable use of skill despite the occurrence of an injury, litigation is unlikely to succeed.
Birth injuries can be remedied through therapy, surgery, or medication. However, doing so can be quite expensive which is why birth injury cases seek to allow these remedies to be paid for by the offending party. That said, birth injury cases can be won by proving that the obstetrician or medical providers have given less than the accepted standard for medical care. This is usually done by your lawyer with the aid of a medical practitioner in a similar field.
It is important to know that despite grief and sadness, you should not ignore or let slide medical malpractice. The same negligence that injured your child can endanger many others. More families can be assured of care from responsible professionals.