You just had a baby and what an exciting time it is. But there is also some stress and worry during pregnancy, labor and delivery, and the last thing you want to hear is that your infant has suffered a birth injury.
Birth injuries occur when there are complications during labor and delivery, or they may be the result of poor pre-natal care. Birth injuries differ from birth defects in that birth defects are a result of something that happened during the pregnancy.
Most lawsuits are a result of the doctor failing to assess and treat a problem during a woman’s pregnancy or delivery. A lawsuit may also be filed when a woman takes a prescription drug while pregnant that ultimately is proven to have harmed the unborn child.
So, how do you know whether or not you have a case? Of course the first thing you will want to do is to speak with an attorney who specializes in medical malpractice. One of the key questions will be whether the doctor or pharmaceutical company failed to give you or your baby adequate medical advice and information during pregnancy and delivery.
If your case goes to trial, a jury will listen to experts who will testify as to whether or not they think you and your baby were cared for properly. They will also testify whether they believe your doctor’s actions followed standard medical practice or fell below the expected standard of care.
Specialists, such as an obstetrician, are held to a higher standard of care than are non-specialists. A mid-wife or a general practitioner would not be held to the same standard of care.
If you win your case, part of the damages are typically awarded to the child and may be set up in a trust. Parents may also be awarded damages for emotional distress, in some situations.
If you need to speak with an attorney, please consult our Online Legal Directory to find a lawyer in your area.