Elements of a Birth Injury Claim
Consulting a Cleveland birth delivery injury attorney with the Becker Law Firm can help you determine if your child’s injuries at delivery were caused by a form of medical negligence. If so, you may be entitled to compensation through a birth injury claim.
There are important elements that need to be established in this type of claim if you want to build a strong case. The first element is showing that a doctor-patient relationship existed. In some cases, you may be under the care of another medical professional when your child was injured, such as a nurse.
The second element is that the OB/GYN or any other medical professional deviated from an accepted and reasonable standard of care. This means that the actions taken (or lack of actions) deviated from the care expected from another reasonable physician or medical professional under similar circumstances.
In some cases, the physician may be expected to take certain actions that may have prevented the injuries. Depending on the circumstances, failure to take these actions or taking actions deviating from the standard of care may be considered a form of medical negligence.
One possible type of negligence is using a delivery tool, such as forceps or vacuum extraction, incorrectly. Another is failing to recognize signs or symptoms of a complication, resulting in a lack of treatment. Negligence even may be present if the medical professional did not respond to an emergency situation that requires a C-section.
The third element is that as a result of the doctor’s medical negligence, serious injuries were sustained. A cut or bruise won’t require legal action, but internal bleeding, cerebral palsy, brain damage and other severe injuries may entitle you to file a birth injury claim if these injuries are the result of negligence.
A Cleveland birth delivery injury attorney with the Becker Law Firm then can determine the types of damages you have suffered. This could include compensation for medical bills, pain and suffering, permanent disability, and mental anguish.
Seeking Help from a Cleveland Birth Injury Attorney
Consulting birth injury attorneys from The Becker Law Firm can help you determine if medical negligence was the cause of your child’s injuries. To schedule your free initial consultation, call us at (440) 252-4399.