Examples Of Medical Negligence Leading To Birth Injuries
Medical negligence can take many forms during labor, delivery, and childbirth. The basic legal definition of negligence is a failure of a medical professional to adhere to the accepted medical practices of their specific field. Basically, if a doctor, obstetrician, nurse, or other medical professional fails to act in a way another competent, similarly trained professional in the same field would have acted in the same situation, that medical professional could be considered negligent.
When this negligence directly leads to an injury, the victims and/or their families could have grounds for a medical malpractice lawsuit. Some common forms of medical negligence which may cause birth injuries include:
- Improper use of vacuums and forceps
- Failure to order a necessary c-section
- Performing a necessary c-section too late
- Failure to diagnose health conditions in mother
- Failure to identify and treat prenatal complications in the fetus
In order to determine if negligence played a significant role in your child’s birth injury, it’s usually necessary to have your case reviewed by qualified legal and medical professionals. Our Arizona birth injury lawyers have contacts with medical experts who can analyze your case and provide testimony supporting your claim.
Common Preventable Birth Injuries
Medical negligence can lead to several permanent neurological and physical injuries, illnesses, and conditions. Some of the most common birth injuries include:
If your child has developed an injury, illness, or disorder you believe may have been caused by a medical mistake, consider contacting our Arizona birth injury lawyers today to discuss your options in a free consultation.
Arizona State Laws Regarding Birth Injury Lawsuits
Each state has their own specific set of rules, laws, and statutes governing medical malpractice lawsuits for birth injuries.
Statute of Limitations
The deadline for filing a medical malpractice claim for a birth injury is much different than most other medical injuries. The date your deadline begins depends on many specific factors, including the date the injury occurred, the date you discovered it, and possibly the date of your child’s 18th birthday – depending on the state you live in.
In any birth injury case, it’s best to begin taking legal action as soon as you become aware of your child’s injury. This is the best way to ensure you file your claim before the state of limitations expires, and that you recover the compensation you deserve in a timely manner.
No Maximum Cap On Damages
Some states have a limit on the maximum amount of damages that can be awarded to a victim in a medical malpractice case. Arizona does not have one of these limits. Their state constitution specifically prohibits caps on damages in civil court cases.
Medical Expert Opinions
In many medical malpractice cases, it’s necessary for plaintiffs to have testimony from a medical expert. Arizona state law requires expert medical witnesses in these cases to be specialists in the same field as the defendant. A general medical expert will not do – the witness must specialize in the exact same field as the defendant medical professional.
Will I Need An Arizona Medical Malpractice Lawyer?
Yes – even in cases where negligence seems obvious, it’s still almost always necessary to have experienced legal counsel on your side. Hospitals, doctors, and their insurance providers have access to many resources, including teams of highly skilled lawyers who specialize in shooting down medical malpractice lawsuits. In order to meet the legal requirements of the process, establish negligence, and negotiate with insurance companies, it’s very important to have your own skilled lawyer who knows how to help victims of medical negligence recover the full financial compensation they deserve.
If you’re unsure if you qualify for a medical malpractice lawsuit, you can find out more about your options in a free consultation. Contact us today to speak with one of our Arizona birth injury lawyers.