Can You Sue a Hospital for Birth Injury? – Albenze Law Group
Can You Sue a Hospital for Birth Injury? – Understanding Your Rights
Birth injuries can be devastating events, leaving families grappling with profound physical, emotional, and financial challenges. Determining whether you have a viable claim against a hospital or medical team is a complex process. At Albenze Law Group, we understand the gravity of these situations and are committed to providing compassionate and strategic legal representation to individuals and families affected by medical negligence during childbirth. This article explores the key considerations when evaluating a potential claim, focusing on the legal standards and evidence required to demonstrate negligence.
Negligence in Birth Settings – What constitutes negligence during a birth? Generally, a medical provider’s negligence arises when they deviate from the accepted standard of care. This means failing to provide the level of skill and attention that a reasonably prudent medical professional would have offered under similar circumstances. In the context of childbirth, this can encompass a wide range of actions – or inactions – including improper use of medical devices, failure to diagnose complications, delayed interventions, and inadequate monitoring.
Common Causes of Birth Injury Claims – Our team frequently handles cases involving the following:
- Failure to Properly Monitor the Mother and Baby: This includes inadequate fetal heart rate monitoring, failure to detect fetal distress, and insufficient observation of the mother’s condition during labor.
- Medication Errors: Incorrect dosages of medications, administering the wrong medication, or failing to warn the mother about potential side effects can result in serious harm.
- Improper Use of Medical Devices: Mistakes during the use of forceps, vacuum extractors, or other birthing instruments can lead to nerve damage, birth defects, and other complications.
- Surgical Errors: Errors during Cesarean sections or other surgical deliveries can have devastating consequences.
Evidence Needed to Support a Claim – Proving negligence requires robust evidence. We typically gather the following:
- Medical Records: Comprehensive review of all relevant medical records, including labor charts, fetal monitoring reports, and physician notes.
- Expert Witness Testimony: We collaborate with board-certified obstetricians and maternal-fetal medicine specialists to establish the standard of care and demonstrate how the hospital deviated from it.
- Lay Witness Testimony: Statements from family members and support persons who observed events during labor and delivery.
Albenze Law Group’s Approach – We offer a personalized approach, diligently investigating every aspect of your case. Our specialized expertise in medical malpractice and years of experience provide a strong foundation for achieving favorable outcomes. We understand the emotional toll of a birth injury and are committed to advocating fiercely for your rights. Contact us today for a consultation.
