Birth Related Medical Malpractice Issues

Thousands of people are injured in North America each year by the negligence of medical professionals. When one is injured through the negligence of a healthcare professional, one may file a civil lawsuit against the professional for medical malpractice. Thousand of these suits are filed every year against doctors, clinicians, lab technicians, nurses, pharmacists, dentists and chiropractors and their assistants, psychologists and psychiatrists. To file suit for malpractice in the delivery of a baby, one retains a birth injury attorney.

For birth injury attorneys, the stakes can be extremely high. Injuries to an infant during delivery can leave lasting effects, such as brain damage or cerebral palsy. The only opportunity a caregiver has to mitigate a lifetime of special needs costs is the bieth injury malpractice lawsuit.

The standard of proof is not "beyond a reasonable doubt," as in criminal cases. In civil court negligence must only be proved, "on a preponderance of probability." Most medical malpractice cases are tried before a judge only (both parties have to agree). The reason for this is that trying a civil case before a jury can take years and years longer, wracking up incredible legal bills.

Grounds for birth injury medical malpractice lawsuits would be things like failure to ensure sufficient oxygen flow to the infant during and after birth, equipment failure, wrong prescribed medication, wrong prescribed dosages, non-sterile environment or tools, negligent nursing and infection, according to birth injury attorneys. Specialists are required to meet a national standard of care while doctors only have to meet a local one.

A claim of medical malpractice may be pursued by the mother if carelessness on the part of the attending personnel caused her an injury during labor or birth. Example: high blood pressure (HBP) in the mother during labor is an indicator for preeclampsia and failure to handle the HBP can cause seizures during birth. If the mother's lawyer can prove the HBP during labor, the negligence of the doctor is considered proved.