Despite common misconceptions, birth malpractice can occur prior to conception as well as during pregnancy and delivery. However, it can be difficult to prove medical negligence without the help of an attorney who has experience in this field. If you think you have been a victim of malpractice but are not sure how to file your claim, there are three basic categories encompassed under birth-related lawsuits.
Birth Injuries and Prenatal Care
In most cases, injury caused during pregnancy or birth is the easiest to prove from a legal standpoint. This is because the child exhibits physical evidence of negligence according to the testimony of a qualified expert. If damages result from substandard care or delivery procedures, you may be able to recover a substantial amount of the medical costs for you and your child. You might even be entitled to sue for emotional pain and suffering or loss of life. If you or your child has sustained injuries due to medical malpractice or negligence, contact a lawyer to start working on your claim and prevent other families from having a similar experience.
Screening for Defects and Diseases
When a child shows sign of a birth defect or disease, a wrongful birth claim can be filed if the physician failed to detect potential signs of impairment through genetic testing and observation. In this situation, parents are left with no choice but to raise a child with extensive needs rather than terminating or avoiding the pregnancy. Also referred to as wrongful life, some states enforce strict limitations on the recovery of damages, while others even allow the child to bring a lawsuit under these circumstances. Either way, medical care and educational therapy will demand a substantial amount of resources, so be sure to discuss your options with an attorney.
Unwanted Pregnancy and Birth
The final type of claim associated with birth malpractice is unwanted pregnancy and birth. When a doctor or staff member fails to follow proper procedures regarding pregnancy testing, sterilization or abortion, parents may be entitled to sue for lost wages or medical expenses even if the child is born healthy. In some areas, you can recover the full cost of raising an unwanted child, but it will be difficult to prove negligence on the part of your health care provider without a thorough investigation of your medical records and treatment history. This form of malpractice not only affects your finances, but also infringes on your right to choose whether you want to have children.
Don’t let birth malpractice alter your expectations about modern medical care. Take the time to review the basic types of claims for birth malpractice and hire lawyer to solidify the foundation of your case.
