Birth injuries usually occur when there are complications during birth or delivery. Birth injuries are different than birth defects. Birth defects are usually the result of something going wrong during pregnancy. Many times they are unpreventable.
If your infant is injured during the birthing process, you’ll want to make notes and take pictures of anything that is questionable. You will then want to contact an attorney who specializes in medical malpractice.
One of the questions that an attorney will ask you is whether your doctor, or a pharmaceutical company failed to give you or your baby adequate medical advice and information during your pregnancy and delivery.
Specialists, such as an obstetrician, are held to higher standards of care than are non-specialists. For instance, a midwife or a general practitioner may not be held to the same standard of care.
Most lawsuits are a result of the doctor failing to assess and treat a problem during a woman’s pregnancy or delivery. You also may have a case if you take a medication during pregnancy that is ultimately proven to have harmed your unborn child.
If your case goes all the way to trial, jurors will listen to expert witnesses as to whether or not they think you and your baby were cared for properly. They also may testify as to whether or not they believe your doctor’s actions followed standard medical practice, or fell below the expected standard of care.
If your baby was injured during birth and you have legal questions, please consult our Online Legal Directory to find an attorney in your area.