Becoming a new parent is an exciting but often anxiety-provoking time. You want to ensure you receive the best care during pregnancy and delivery to keep you and your baby safe. While doctors and nurses do their best, mistakes can happen. It's estimated that around 1.2 million U.S. hospital patients are harmed by preventable medical errors yearly. If you believe you or your baby experienced harm due to a medical mistake, you may have a medical malpractice case. Here's what new parents should understand about medical malpractice.
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What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional or facility acts negligently and causes injury or harm. To prove malpractice, four key elements must be established:
- A duty was owed - The doctor owed a duty of care to the patient. This exists whenever a doctor treats or advises a patient.
- That duty was breached - The provider violated the standard of care. Failing to diagnose a condition, prescribing the wrong medication, and operating on the wrong body part are examples of breaching the duty of care.
- The breach caused injury - The patient was harmed directly due to the provider's negligence.
- Damages occurred - The patient suffered monetary damages from the injury, such as medical bills, lost wages, or pain and suffering.
Medical malpractice is not just limited to doctors. Nurses, pharmacists, dentists, therapists, and hospitals/health systems can also be held liable.
Common Types of Medical Malpractice
- Misdiagnosis - Failing to diagnose a condition, or diagnosing one incorrectly, can lead to harm that timely treatment could have prevented. Cancer misdiagnoses are common examples.
- Childbirth injuries - Mistakes during pregnancy, labor, or delivery can inflict harm to mother or baby. One such injury is cerebral palsy.
Cerebral Palsy Malpractice
Cerebral palsy (CP) is a disorder impacting muscle tone, movement, and posture. It affects about 1 million people in the U.S. About 70% of CP cases result from a birth injury due to medical negligence.
- 20% of CP cases are caused by labor/delivery events like failure to perform a C-section when needed.
- 70% are caused by events during pregnancy like mismanaged infections or failure to monitor fetal distress.
- Roughly 10% of asphyxia (lack of oxygen) events result in cerebral palsy. Asphyxia can occur when medical staff fail to quickly address umbilical cord complications.
Seeking Damages For Medical Malpractice
Because cerebral palsy results in permanent, lifelong disability, affected children face considerable medical, educational, and care costs. Families could seek damages through a medical malpractice lawsuit if provider negligence caused their child's condition. An experienced medical malpractice lawyer can help determine if you have a valid case.
While monetary damages can help provide for a child's extensive needs, legal action is also the only way to hold providers accountable and motivate improved patient safety measures. No amount of money can reverse a devastating birth injury. But financial compensation and justice can help families move forward positively.
Know Your Legal Options
Being harmed due to medical negligence can inflict physical, emotional, and financial hardship on patients and families. Malpractice cases help deter future errors and compensate victims for avoidable damages. If you believe poor medical care caused injury to you or a loved one, consult a medical malpractice lawyer right away to learn about your legal rights and options. The statute of limitations for filing a medical malpractice claim is limited, so don't delay. With an attentive lawyer on your side, you can focus on healing while they handle the legal process for you.
