The birth of your child should be a moment of great joy and anticipation. However, it can turn into a distressing experience if your infant sustains a birth injury.
In such a predicament, your joy will likely be interrupted by thoughts of the lifelong consequences your child and your family might have because of these injuries. When these injuries result from medical malpractice, determining the doctor’s responsibility becomes essential for seeking justice and helping ensure accountability.
Medical malpractice in birth injuries
Your infant’s birth injuries may be termed to result from medical malpractice if your infant sustains injuries because your healthcare provider deviated from the standard of care during:
- During your pregnancy
- In the course of labor
- Immediately after birth
Some examples of medical malpractice that can escalate into a birth injury include:
- A misdiagnosis
- Delayed treatment
- Improper use of medical instruments
- Failure to monitor you and your baby adequately
That said, it’s important to remember that not all birth injuries qualify as malpractice. Some complications arise naturally and are beyond the control of medical providers.
When is your doctor responsible?
With the help of a knowledgeable legal team, you can find out if your infant’s case can be pursued as medical malpractice. First, you’ll need to establish that your doctor owed you and your infant a duty of care based on an existing doctor-patient relationship.
Next, it’s important to prove that your infant’s birth injuries transpired because your doctor’s services fell short of the expected standard. Lastly, your infant’s medical records can be used to show the harm they experienced as a direct consequence of your doctor’s negligence.
Suppose your infant’s birth injuries were caused by medical malpractice; the right legal team can help you seek justice. Holding your healthcare provider accountable allows your family to seek resolution and contribute to safer medical practices for others.