Phoenix, AZ – All medical procedures come with some kind of risk of failure or harm. Doctors typically advise their clients of the potential side effects and issues with any course of treatment. This is called informed consent. During birth, the mother does not have much of a choice in terms of going through the process and trying to get medical help along the way. However, there is still a possibility that parents may experience injuries to their child during the process of delivery or immediately afterward. Lawsuits are the main remedy to compensate the family for these losses.
How do birth injuries happen?
Giving birth to a child is a very vulnerable time period for any parent. The birth canal is a narrow part of the body, and a baby has to pass through this area without being hurt. Doctors will sometimes use various instruments to assist with this process, but there is also an inherent danger in trying to do this to a newborn child. They may be injured when this equipment is used, and there is no guarantee that additional complications will not develop.
The relevant standard of care
These mistakes are not excusable because of the fact that giving birth is a delicate procedure. Professionals are all held to a certain standard of care based on their training and experience, and doctors are no exception. A breach of the standard of care is the first element of a civil negligence case, which is meant to show that the defendant was responsible for causing injuries and losses. Medical lawsuits will often require testimony or evidence from other doctors within the same specialty or area of practice to show what went wrong at a trial.
What are the consequences of a birth injury?
Many birth injuries are different, and some are not as serious as others. Some of the more common complications include cerebral palsy, hematomas, brain damage, spinal cord problems, jaundice, and physical injuries from vacuum instruments. Many of these complications can cause long term or permanent damage to organs and other parts of the body. The child may experience many physical and psychological problems for the rest of their life.
When victims try to receive compensation through legal action
Civil lawsuits, including medical malpractice, are meant to compensate a victim for their losses through an award of damages from a jury trial or settlement agreement. Damages are an important part of any civil case, as the victim can add up all of their losses and attempt to make the defendant pay for them.
Finding the right legal professional
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