No mother wants to deal with a birth injury, but in case it happens to you, here are 3 things you need in order to deal with birth-related medical malpractice!
by Atomic Mommy Editors
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You don’t often hear that having a consultation with medical malpractice attorneys is a necessary part of the birthing plan, but it ought to be. According to statistics, 7 out of 1000 pregnant women experience moderate to severe childbirth complications during the birthing process. The same reports also mention that some newborns are delivered with injuries.
The not-too-pleasant side is that medical malpractice is almost always attached to these complications. If you are currently dealing with one or are concerned for your delivery, then these solutions may help you.
#1 Show evidence of damage done or injury caused
Childbirth injuries can happen whether it is a Cesarean or spontaneous vaginal delivery. The type of injury may also differ among babies and mothers. However, the most important thing is showing evidence of the damage. Reports indicate that proving medical malpractice is one of the most difficult cases to deal with. The reason is that the harm has already been caused. Therefore, how do you connect it to the medical person? This takes experienced legal minds like those at Bey & Associates. More than that, it will require quick thinking and extensively detailed photos, videos, and records in the seconds after the injury occurs.
All of these items will become evidence of the damage and injury sustained while in their care. Sometimes, poor healthcare policies and regulations at the time of your stay in the hospital could have contributed to negligent care. Any relevant detail that connects the injury to the malpractice must be submitted to your legal representatives.
#2 Avoid discussing with any hospital staff
You will be shooting yourself in the foot if you discuss a possible malpractice case with any facility staff member. The idea is to prevent your case from going moot before it goes to trial. The only people outside your immediate family to discuss the case with are your attorneys. The objective is to professionally manage the case to avoid disclosing sensitive details of medical malpractice to an external party.
It would be best to remember that issues to do with medical malpractice are delicate. It is your case against a trained medical professional or an entire facility. If you win the case, the other party will have their reputation badly hit. In some extreme cases, medical professionals lose their licenses to operate. It, therefore, pays to tread cautiously and deal with the matter with all your cards close to your chest.
#3 Decide to sue the individual or the hospital
Knowing who should be liable for medical malpractice is paramount to the case. Sometimes, the doctor or the medical facility is taken on. In other scenarios, both parties may be held liable. The decision to know who must be sued would usually depend on your attorneys. Several factors come to play here. For example, is the contract between the facility and the medical doctor an employment or independent contractor agreement?
Secondly, if the hospital subjects the doctor to internal HR processes, that may influence the decision on who to sue. Lastly, if your legal team discovers that the medical facility failed to do due diligence in hiring that specific doctor, both parties can be held liable. The dynamics at play are many, explaining why an experienced medical team is needed.
The Takeaway
A birth injury can be avoided with the proper medical team and the appropriate steps taken leading up to the birth of your baby. And while nothing in this life is guaranteed, there should be some safety guidelines in place to secure the safe delivery of a healthy baby. That’s what medical malpractice attorneys do– they help you figure out if your medical team, facility, and staff ignored the safety guidelines and caused the birth injury to your baby. So, be sure to have a medical practice law firm in your contact list as part of your birthing plan.