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Can a birth injury lead to a medical malpractice case?

The birth of a child can be described as a medical marvel. Being born alive after being nurtured in a mother’s womb just doesn’t happen without some monitoring and careful handling; especially considering all the things that can go wrong during a birth.

Because of these possibilities, many hospitals have established protocols that doctors, nurses and hospital staff must follow so that abnormalities do not turn into tragedies. Also, from a legal standpoint, there is a duty to use reasonable care when overseeing a pregnancy, as well as a birth. Essentially, physicians and medical staff must use such care in administering tests, monitoring the baby for signs of distress, and acting properly when trouble comes about. 

Of course, there may be limited times where it is okay to deviate from established protocol. Life doesn’t always allow for rules to be followed when split second decisions must be made. Nevertheless, failing to follow protocol out of negligence (or ignorance) is not acceptable. In these sensitive situations, failing to use reasonable care can create complications that can result in lifelong consequences.

As such, birth injuries or complications stemming from negligence during the birth can lead to medical malpractice lawsuits. An injured party can seek damages for future medical care and rehabilitation, as well as emotional anguish stemming from the reality of permanent conditions that affect a child.

If you (and your child) have experienced the trauma the comes with a birth injury, it is important to discuss your options with an experienced medical malpractice attorney.

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