My wife and I recently had our first baby, and he was born with a head injury that looks like it will turn out to be permanent. I believe, during the difficult birth, the doctors applied way too much force with the suction device and damage my babies brain. Is this a normal injury, or did the doctors make a mistake? Do we have a medical malpractice case?
My baby suffered a fetal head injury during birth. Is my doctor liable?
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- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
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Answer: (1)
Injuries to babies during birth are uncommon, but when they do occur, the doctor and other hospital staff might be responsible. In order to find out if your case is one caused by medical negligence, you will need to talk to a medical malpractice lawyer. He or she will have a medical doctor on staff or readily available who will investigate the details of the case, and determine if the injury is a result of negligence during the labor process.
There is a fine line between the accepted medical standard of care, and injuries resulting from unavoidable causes. Ultimately, it boils down to the opinion of another, unbiased third party medical professional to determine if your case has merit and is worth pursuing in court.
You are highly advised to talk to an experienced medical malpractice attorney to find out what legal rights you have regarding seeking compensation for your babies injury.
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Posted by Staff Writer on 21 Jan 2010