I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
Parents giving birth for the first time may be very nervous but still expect things to go smoothly. However, when their child starts to show obvious signs of brain-related problems soon after birth, they may wonder if this was caused by the doctor at birth. As a result, they may need to contact a medical malpractice lawyer to learn more about the causes of these issues.
Brain Problems May Be Caused by a Doctor During Birth
The brain is one of the most delicate organs because it needs a fairly constant flow of oxygen to stay healthy. This fact is particularly important for young children and oxygen deprivation during birth can cause many types of issues. For example, a child may develop cerebral palsy, brain damage that slows their cognitive development, or even issues with the communications between their spinal cord and their brain.
In many cases, a doctor triggers these injuries by failing to take into account many factors, such as not tracking infections in the mother's womb or failing to provide a flow of oxygen to the child during a difficult birth. Any doctor who behaved in this way committed malpractice and is likely liable in a lawsuit. However, proving this case can be a challenge for many parents, particularly emotionally.
Proving This Case
Parents of a child who experienced a brain-related injury during birth may pursue a lawsuit if they can prove a few points. First of all, they must prove a doctor-patient relationship existed. As the doctor was delivering the child, this fact is usually easy to prove. However, they must also prove that the doctor was negligent and that their negligence caused the brain injury to the child during delivery.
These steps are often more difficult because the mother likely did not observe the doctor behaving negligently. However, the fact that an injury occurred is often considered proof of negligence. And a medical malpractice attorney can also call nurses to the stand who helped with the delivery – and the doctor themselves – to testify what happened and learn more about how the injury occurred.
The lawyer can also call other doctors to testify in the case. These medical professionals can state that the kind of injury the child suffered could only occur during delivery and that it was caused by a case of negligence. Often, this type of overwhelming testimony makes it hard for doctors to deny their blame, and they may try to settle – but a good malpractice attorney can avoid low settlements and fight for the money that the parents and the child deserve.