In this article, you can discover:
- What a Birth Injury Claim is and how it stands apart from other Personal Injury Claims.
- How Medical Negligence and Medical Malpractice can lead to Birth Injury Claims.
- The legal requirements for filing a Birth Injury Claim.
What Is A Birth Injury Claim And How Does It Stand Apart From Other Types Of Personal Injury Claims?
A birth injury claim falls under the category of medical malpractice cases, which occurs during the process of childbirth. Birth injuries often occur due to negligence such as a failure to diagnose a condition prior to birth or improperly monitoring the baby during labor.
This negligence can lead to brain injuries or physical injuries, with brain injuries often being the result of oxygen deprivation. A common medical term for this is Hypoxic Ischemic Encephalopathy. Thankfully, advances in technology now allow the use of body temperature reduction and head-cooling techniques to minimize brain damage.
Compared to other personal injury claims, birth injury cases are quite complex due to the lifelong implications of the injury on the child’s life. They require not only proof of medical malpractice but also an assessment of the damage caused and its impact on the child’s life.
How Can Medical Negligence And Malpractice Contribute To Birth Injury Claims?
Most often, medical negligence and malpractice contribute to birth injury claims through failures in reading ultrasounds or imaging prior to birth or lack of attentiveness during the birthing process. Sometimes, healthcare providers fail to monitor the baby’s heart rate during labor, leading to undetected fetal distress.
If properly detected and handled, emergency C-sections can be performed to mitigate distress and prevent injuries. Birth injury cases can also occur when a baby’s airway isn’t cleared properly or timely after birth.
What Are The Legal Requirements For Filing A Birth Injury Claim?
Filing a birth injury claim requires several legal steps. Firstly, it must be proven that the doctor was negligent and the care provided did not meet the standard of care for a physician under similar circumstances. Additionally, it must be shown that the doctor’s failure caused the injury, and evidence of the damages and harm the injury has inflicted on the child’s life and on the parent’s life must be presented.
It’s crucial to understand that birth injury cases are significantly expensive, time-consuming, and difficult, which makes an investigation before filing a lawsuit essential to ensure all the elements of the claim can be met.
For more information on Handling Birth Injury Claims In Washington, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 900-9342 today.