Filing A Birth-Related Medical Malpractice Lawsuit
It’s not uncommon for birth-related mistakes to happen. Such errors could occur be during labor or delivery.
Any healthcare provider assisting an expectant mother to deliver should be able to make sound decisions. Unfortunately, mistakes do happen that jeopardize the life of the baby and its mother. Some of these errors can be prevented. And sometimes parents are not told about the errors during the delivery.
If you or your loved one suffered from preventable injuries during birth, a medical malpractice attorney in Maryland could help seek justice. The Law Office of Jeffrey J. Downey has a track record of successfully handling malpractice and other complex cases. In fact, Mr. Downey started his career as a defense attorney defending against malpractice and personal injury cases. Now he uses that experience to help victims of medical malpractice.
Injuries During Birth
One of the most treasured moments of an expectant mother is during delivery. This is a process that requires extra care from the medical staff.
Birth-related injuries may happen to the baby, mother or even both, leading to the right to sue for damages.
There are many causes of injuries during birth when in the labor or delivery process, including:
- Anesthesia complications.
- Failing to timely pursue an emergency C- section
- Using improper equipment to extract the baby from the birth canal, i.e., metal forceps as opposed to suction extraction
- Medical equipment left in the mother in case of a cesarean section.
- Uncontrolled bleeding.
- Unnecessary tears leading to damage of internal organs and muscle
When filing a birth-related medical malpractice claim, it is necessary to prove that the injuries suffered were preventable if proper and timely care was provided.
Filing A Medical Malpractice Claim
Not every mistake that happens during childbirth leads to medical negligence. If you think you have a case, you may need to consult an experienced medical malpractice lawyer to determine the existence of any liability. In most states, including Maryland and Virginia, the attorney must get supporting statements from qualified medical experts that the Defendant doctor breached the standard of care and caused damages. Experienced attorneys have access to the best experts to help support your case.
Any medical provider in a delivery room should exercise proper care to the mother. Thus, if a mistake occurs, a medical expert can be called upon to determine what a reasonable doctor given such a situation would have acted.
One may file a medical malpractice claim due to:
- Injuries to the newborn:The parents may bring up a claim on behalf of their infant. For instance, failure to monitor the baby’s oxygen may lead to brain damage and other permanent conditions such as cerebral palsy.
- Injuries to the mother: Failure to monitor mother during delivery may lead to vaginal tears, uterine rupture, nerve injuries, among other nasty complications
The above injuries may lead to physical, emotional and financial injury to the parents leading to medical malpractice to recover the damages. In some states, like Maryland and Virginia, there are medical malpractice caps that can limit your recovery.
Getting Legal Help
Birth related cases can be incredibly complex. They require someone with experience who has handled complex malpractice cases. Jeffrey Downey is an experienced medical malpractice attorney handling cases in Maryland, Virginia, and Washington DC. Contact the office today for a free, no obligation consultation.
See what our clients are saying about the Law Office of Jeffrey Downey as well the results from some of the cases my firm has handled.
The Law Office of Jeffrey J. Downey, practicing in Virginia, Maryland and D.C.
8270 Greensboro Drive, Suite 810
McLean, VA 22102
Phone: 703-564-7318 or 703-564-7357