Medical professionals should know how newborn brain hemorrhages could be prevented during childbirth. Some preventative measures can include:
- Providing glucocorticoids to an infant, particularly one that is likely to be born prematurely, as explained by the journal Clinics in Perinatology
- Other therapies meant to regulate the blood flow in an infant’s brain
- Performing an emergency C-section
- Using forceps only in a safe way
- Following best medical practices as it pertains to preventing hemorrhages during childbirth
In addition to these specific steps, medical professionals must take more general precautions to avoid causing a birth injury.
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Breach of Duty of Care and Medical Malpractice
Medical professionals, including doctors, have a duty of care to their patients. As the Legal Information Institute (LII) explains, this duty of care requires medical professionals to act reasonably.
If a doctor, nurse, or other medical professional did not take every possible step to prevent your child’s hemorrhage, then they might have failed in their duty of care. This failure could make them guilty of negligence.
Your lawyer will determine how one or more individuals failed to protect your child from their birth injury.
Potential Violations of the Medical Duty of Care
Medical professionals have a great responsibility. They know that the nature of their profession requires them to:
- Be thorough in their evaluation of patients.
- Take every precaution to protect their patient’s health.
- Take no action that could cause harm to their patient.
- Be sober and alert when on the job.
The consequences of medical professionals failing to honor their duty of care are tragic. Johns Hopkins explains that medical errors cause the deaths of more than 250,000 American medical patients each year.
There could be several forms of medical malpractice that could directly cause or contribute to a newborn hemorrhage specifically, which might include:
- A doctor failing to adequately research how newborn brain hemorrhages can be prevented during childbirth.
- A doctor failing to diagnose a condition that increases the risk of a hemorrhage.
- A doctor failing to treat one or more health conditions proactively.
- A doctor performing a dangerous forceps-related action.
- A doctor failing to order a C-section in a timely manner.
- A doctor failing to prepare their team to respond to any abnormal events during childbirth.
The medical profession is complicated. A layman may not be able to determine which actions qualify as medical malpractice adequately. However, a lawyer will work with medical experts who can make this assessment.
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How a Lawyer Can Help with Your Medical Malpractice Case
You can retain a lawyer who has experience handling medical malpractice lawsuits. They will be familiar with the process of completing these types of lawsuits and can complete your case more quickly than you.
A lawyer will take the following actions for those who bring a medical malpractice lawsuit:
Consulting Medical Experts
Lawyers are trained in the law, but a medical malpractice case may hinge mainly on medical issues. Therefore, your lawyer will hire one or more medical experts to testify that you and your child are victims of medical malpractice.
These experts can be:
- Active doctors
- Retired doctors
- Other types of medical experts
Experts can explain how a doctor or other individual contributed directly to your child’s hemorrhage. This testimony could be a highly valuable piece of your medical malpractice case.
Calculating Your Losses
Medical malpractice lawsuits are based on the fact that you have suffered losses. You and your child could both be victims. Your losses will depend on whether your child has passed away or is still living following their injury.
In the case of your child’s passing, your losses can include:
- Pain and suffering
- The loss of comfort and joy that your child provided
- The cost of medical care that caused your child’s passing
- The cost of any medical care administered while trying to save your child
If your child has survived their injury, you may be entitled to different types of losses. These can include:
- Your child’s pain and suffering.
- Your own pain and suffering.
- The cost of medical care that caused your child’s injury.
- The cost of medical care to treat the injury.
- Long-term care that your child will require because of their injury.
- The cost of any medications, rehabilitation, and other injury-related costs
Injuries affecting the brain are among the most serious that one can suffer. You and your child have both experienced trauma, and a lawyer will try to secure justice for your losses.
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Contact Us Today If You Believe an Adverse Event Caused Your Child’s Birth Injury
You can get help today with the legal process following an incident of medical malpractice. For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
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