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How Do I Know If My Child’s Birth Injury Was Caused by Medical Negligence?

Posted on in Medical Malpractice

In an ideal world, no parent would ever have to learn that their child suffered a birth injury. Unfortunately, birth injuries ranging in severity are suffered by millions of infants each year. These injuries often lead to considerable medical costs and other financial losses. When a preventable birth injury is caused by medical negligence on the part of a hospital, emergency room, or medical professional, the negligent party may be liable for damages. This means that the birth injury victim’s parents may be entitled to compensation for their financial losses. They may also be compensated for non-financial losses including their emotional distress.

Defining Medical Negligence in the Context of Birth Injuries

If your child was injured or killed during labor and delivery, you are probably desperate for answers. You may question if there is anything that could have been done to prevent the birth injury from occurring. While many birth injuries are unavoidable, some are the direct result of medical negligence. Medical negligence is often defined as the unskilled or improper medical treatment of a patient by a medical professional. More specifically, medical negligence occurs when a medical professional fails to exercise the same quality of treatment that a professional with similar education and experience would have provided in similar circumstances. This hypothetical standard is often referred to as the “medical standard of care.”

When Is a Medical Malpractice Claim Appropriate?

Although the terms medical negligence and medical malpractice are often used interchangeably, the two are not synonymous. Medical negligence occurs when a healthcare professional fails to provide treatment that meets the medical standard of care. Medical malpractice occurs when medical negligence causes a patient to be injured or killed and damages result from the injury or death. So, if your child’s birth injury was caused by medical negligence and you sustained damages such as medical bills or lost wages from missed work, you may have a valid medical malpractice claim. You may be entitled to compensation for your financial and non-financial damages. This may include compensation for neonatal intensive care unit (NICU) costs, physical therapy, lost wages, emotional anguish, and more.

Contact a Waukegan Birth Injury Lawyer

If your child was the victim of a birth injury or you were injured giving birth, you may be entitled to compensation through a medical malpractice claim. Contact a Lake County medical malpractice attorney from Salvi & Maher, L.L.C. at 847-662-3303 for a free initial case consultation.

 

Source:

http://www.illinoiscourts.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf

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