When Medical Malpractice and Birth Defects Collide

Medical malpractice is becoming more of an issue than ever before. When most people think of medical malpractice lawsuits, they think of wrongful diagnoses and surgical mishaps. However, that’s not always the case. Medical malpractice cases can brought to court due to birth defects.

Birth Injuries

One of the most common cases of medical malpractice in regards to birth defects is an injury to the child during the birthing process. In this type of case, a parent must prove that the doctor, nurse, or other hospital member was directly responsible for the defect. Some major types of birth injuries include caput succedaneum, cephalohematoma, birth fractures, HIE, and subconjunctival hemorrhage.

Wrongful Births

Another type of medical malpractice case regarding birth defects is known as a wrongful birth. In this situation, the parents weren’t properly informed of a birth defect that would have caused them to either terminate the pregnancy or avoid the pregnancy in the first place. A birth injury lawyer may blame this type of claim on negligence in genetic testing or simply failing to detect impairments.

Wrongful Pregnancy

We’re going to include this type of claim, as it can involve a child with a birth defect. In a wrongful pregnancy claim, the parents we’re trying to avoid getting pregnant. However, due to the neglect of medical staff or a doctor, the method failed. This method could be sterilization, abortions, or pregnancy testing.

Proving Your Case

Medical malpractice lawsuits tend to be more difficult to prove than other types of cases. It’s best to hire an experienced lawyer to assist you in collecting relevant documentation for your case. This includes documents like police reports, medical records, medical bills, income loss, and correspondence with the insurance company. You’ll need to get as much information as possible to prove your case effectively in a court of law.

What Types of Compensation Are You Entitled To?

Medical malpractice cases vary widely, which makes it more difficult to predict a compensation amount. The total amount will vary depending on specific state guidelines. However, many allow for compensation for medical expenses, lost wages, and pain and suffering. Your experienced lawyer can assist you in determining what sort of compensation you’re entitled to.
When it comes to dealing with a birth defect due to medical malpractice, it can be both physically and emotionally taxing. Hopefully, you now have a better idea of what types of cases fall into this category of medical malpractice and what you can expect to obtain from this type of case.