Proving Liability for Birth Defects and Birth Injuries

Prosecutors only pursue criminal charges against negligent doctors in extreme circumstances. Responsibility (liability) is very difficult to prove in criminal court. The burden of proof is beyond any reasonable doubt, which relies on witnesses to the procedure and medical records, which doctors often control.

Civil court is different. The burden of proof is only a Kanıt üstünlüğü, or more likely than not. If a baby suffers from unexpected birth defects or the debilitating effects of a doğum yaralanması, it’s more likely than not that a medical professional’s negligence caused that injury. Doctors have complete control over medical treatment and the duty of care is extremely high in these cases.

Birth injuries and birth defects usually cause permanent injuries which, in many cases, are degenerative. As the child grows, the medical expenses grow as well. Most group health plans don’t cover injury-related conditions. Therefore, instead of being self-sufficient and making their own decisions, these families must often rely on government or charitable assistance.

A tıbbi uygulama hatası attorney cannot change what happened during a prenatal care visit or in the delivery room. But an avukat can do the next best thing, which is obtain the compensation these families need to move forward with life. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages might be available as well.

Tıbbi Bakım Görevi

Usually, yanlış teşhis is at the root of birth defects and birth injuries. Doctors fail to detect genetic defects during birth or anticipate possible birth complications. These problems are disturbingly common. Every year, doctors misdiagnose over seven million patients. 

Physician negligence almost always causes misdiagnosis. Many doctors don’t order a full array of diagnostic tests. Other doctors over-delegate test result interpretation to nurses or physician assistants. Still others approach birth complication risk factors, like maternal obesity with an overconfident attitude.

Doctors have a fiduciary duty of care. They must set aside every other concern, like the cost of a test or the time required to analyze the results and do what’s best for their patients. 

Physician Negligence, Birth Defects, and Birth Injuries

Attorneys often partner with independent doctors who establish the standard of care. With this measuring stick in place, jurors can clearly see how the doctor’s behavior fell short of the required standard.

Physician negligence doesn’t always cause birth defects. Major exceptions include the link between autism and birth trauma. If a doctor doesn’t properly account for possible birth complications and the mother gives birth to an autistic child, the doctor, or rather the clinic or other entity that employed the doctor, could be financially responsible for damages.

This responsibility also applies if a doctor fails to detect a condition during prenatal care visits or detects the condition but doesn’t adequately warn the family about the risks. High medical bills often blindside these families.

Similarly, birth trauma often blindsides poorly prepared doctors. Maternal obesity often causes SD (shoulder dystocia), where a baby’s shoulders are so big that the baby cannot drift down the mother’s birth canal. Instead of preparing for SD ahead of time, many doctors wait until a mother arrives in the delivery room, and they perform episiotomies.

Theoretically, these incisions on a mother’s premium (area between anus and genitals) widen the birth canal, preventing SD emergencies. But according to the American Academy of Pediatrics, these cuts are ineffective and unsafe. They don’t work as advertised and often cause excessive maternal bleeding at a time when a mother needs every ounce of available strength.

Evidence in Medical Malpractice Cases

Independent physician testimony does more than frame a negligence case. These doctors also testify to the treating physician’s specific failures, such as the episiotomies. Furthermore, independent physicians put the puzzle pieces together for jurors. Therefore, circumstantial evidence alone is enough to make a case.

Independent doctors often review medical records and read between the lines. Additionally, these doctors testify that the victim’s medical bills were reasonably necessary. This combination is usually sufficient to overcome insurance company defenses, like assumption of the risk (e.g. a written liability waiver) and obtain maximum compensation.

Families don’t have to suffer the financial and emotional effects of birth defects and birth injuries alone. For a free consultation with an experienced medical malpractice lawyer, iletişim Napoli Shkolnik. We do not charge upfront legal fees and only recover a fee when we win your case.