Things To Remember Legally If Your Doctor Made A Medical Mistake In Your Birth

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Say, for instance, that you’re worried about how your doctor treated you medically in birth, and you feel that your medical service provider has negligently provided care during the birthing process. For those cases alone, birth-related medical malpractice may have been committed¾and when these medical mistakes are made by a doctor who fails to perform their medical duties well, legal action can be a recourse to get compensation for the damage or loss.  Below are the things to remember legally if your doctor made a medical mistake in your birth:


What is Birth-Related Medical Malpractice?

 As a general rule, medical personnel such as doctors, nurses, technicians and hospital workers are expected to exercise the highest standard of care in dealing with patients. They are in the position to make sure that all patients’ medical needs are sufficiently provided for. Failing to do so has contributed to reported cases of birth-related medical practice. So, what is really meant by birth-related medical malpractice? Birth-related medical malpractice occurs when a doctor or a medical service provider fails to provide reasonable care and includes three types of negligence:

·         Injury to the child or mother during her childbirth/delivery;

·         Failure to disclose birth defects that would have resulted in the parents choosing to stop the pregnancy if they knew of the congenital disabilities;

·         A failed attempt to assist the parents in ending or preventing the pregnancy.

So, when you are confronted with these stressful situations, you may seek a legal remedy by launching a medical malpractice case against your doctor or your medical service provider.


How To Prove That A Medical Mistake or Malpractice Occurred?

 In filing a medical malpractice claim, the following are the things to consider to prove that your doctor has indeed committed a medical mistake in your birth:


o   The Existence of Doctor-Patient Relationship: In medical malpractice cases, the causes of action are essential for the aggrieved party so that a lawsuit can be filed before the Court of Law. At this point, you have to prove that there is an existence of a doctor-patient relationship between you and your doctor¾and this means that an agreement is present in such a way that demonstrates that you’ve employed the services of the doctor and the doctor consented to be hired by you.

o   The Doctor’s Negligence That Caused the Injury: For a medical malpractice case to legally prosper, it must be shown that the doctor was negligent enough to cause an injury. You have to prove that the doctor’s incompetence and negligence has led to a medical mistake in your birth.

o   The Injury Resulted In Damages: For a medical malpractice case to be considered, the doctor’s negligence alone is not sufficient. There must be proof that such negligence has caused injury and such injury has led to damages. When damages are suffered, you may be entitled to recover compensation for your loss. These damages are anchored in the following:

a.         Mental and Physical Anguish.

b.         Additional Medical Bills and Other Related Expenses.

c.         Loss of Earning Capacity.


What Are The Things To Know When Filing A Birth-Related Medical Malpractice Case?

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When your understanding is clear, and you have decided to file a birth-related medical malpractice case, the following may help you along the way:

o   Communicate with the Doctor Involved: The first thing to do before filing a malpractice case is to contact your doctor and allow him/her to correct their medical mistakes in a way that they see fit. In most cases, these medical professionals are more than willing to provide alternative remedies for the mistake they have made¾all without the necessity of filing a legal case against them.

o   Be Familiar With The Timeframe Required: When filing a case, it is vital to find out how long it will take you to file it legally. This period is called the statute of limitations. Legally, civil actions like medical malpractice cases also have time limits as to when these should be filed. In the legal sense, these time limits allow the aggrieved party to initiate their action within the required period. However, in the situation that it the claim is filed outside of the designated period, you may be waiving your right to initiate monetary claims against the offending party.

o   Try An Out-Of-Court Settlement: Filing monetary claims take time. Additionally, this civil action can be costly and timely in such a way that you need to pay for your attorney’s fees and other legal charges throughout the case proceedings. That is why most medical malpractice cases prefer amicable settlements without the need for any court intervention. In this way, both parties can save time and money.

o   Find A Medical Malpractice Lawyer: Look for a medical malpractice lawyer who can help you in bringing a cause of action before the Court of Justice. An experienced attorney can discuss the upsides and downsides of your case, as well as the necessary steps to recover compensation.

So, these are the things you need to remember if your doctor made a medical mistake in your birth. Since procedures for filing a malpractice case vary from one state to another, it’s recommended that you seek location-specific advice and get the right attorney who can legally represent you during these stressful circumstances.


 About the Author

Scott Jeffreys is a promising young lawyer that hopes to bring his youthful spirit in his field. He is currently writing for the Dolman Law Group, and tries to add a refreshing modern take to topics on the legal world that people can learn from. Scott enjoys his free time with friends and family, and loves to cook for them.