Birth injuries are preventable in many cases. Many cases of birth injury involve medical negligence or medical malpractice. The most common causes of birth injuries include inadequate prenatal care, undiagnosed prenatal complications, Ob/Gyn errors, negligent delivery, and obstetrical errors.
Proof of Medical Malpractice is Difficult
Where medical negligence or medical malpractice caused the birth injury, the doctor or medical provider is liable for the damages caused by the negligence. Like all medical malpractice claims, the medical provider or doctor’s care must have fallen below the standard of care in the medical profession.
Again, like most medical malpractice claims, birth injury cases can be difficult to prove. These cases require the assistance of medical experts that can clearly establish that the doctor’s medical care did indeed fall below the standard of care customary in the profession. The medical provider will argue that the birth injury was unavoidable and that nothing could have been done differently to prevent the injuries. It will up to your medical expert to prove otherwise to a jury.
Injuries and Damages Often Enormous
Birth injuries are devastating to the baby, new parents and the family. The injuries are often permanent causing life-long suffering for the parents and the child. In the case of permanent injuries or the death of a newborn child, the harm to the child, parents and family are unimaginable and hard to quantify. Unfortunately, that is what must be done. The injuries and damages to the child, the parents, and the family must be quantified, and the negligent medical professionals and medical facility must be held responsible.
Like all personal injury cases, the injured parties are entitled to damages. These include compensatory, loss of consortium, future medical costs, and loss of income both for the parents and for the child. It may seem odd to suggest lost earnings for a baby, but in case of palsy or brain damage, the lost wages over a lifetime of lost earnings can be enormous.
Injuries and Damages Must be Quantified Which is a Complex and Difficult Task
Though it is hard to put a dollar figure on such an incomprehensible injury, it must be done. The process can be long and emotionally draining, but it is the only way to hold the negligent medical provider, doctor or medical facility responsible for the harm they have caused to you, your child and your family.
To quantify them, it is necessary to get an array of experts including medical experts, mental health experts and economists to name just a few. Others are often required depending upon the situation.
In short, these cases are difficult, complex and expensive to pursue. It is important to seek the guidance of an experienced medical malpractice attorney. The Albuquerque attorneys at Collins & Collins, P.C. can be reached at (505) 242-5958.