If you have had a traumatizing experience with the birth of a baby, you might be wondering what you can do to get restitution for your injuries and suffering. One way to send a clear message that the treatment that you received was not acceptable is to file a medical malpractice lawsuit. Even though many people have filed medical malpractice lawsuits and have had a positive outcome, not every negative birth experience merits a lawsuit. Here are some things that you need to have to make your lawsuit legitimate.
1. Your Doctor Had To Have Gone Against Protocol and Acted Reckless
One important factor is that the doctor needed to have acted in a way that was reckless and against protocol. For instance, if your doctor did everything that they could to protect you and your baby, and followed every rule and protocol that safety boards and the hospitals have put forth, then you may not have a case against them. Instead, you have to be able to prove that the doctor took risks, was reckless and made decisions that went against what other doctors would have done; and because of their actions, it harmed you and your child. Without this, you may not be able to file a lawsuit.
2. There Had To Be An Injury That The Doctor Caused
Second, there must be an injury that you can prove was caused by the doctor. For example, if the baby was deprived of oxygen because the chord was wrapped around their neck, you may not be able to blame the doctor for this, even if the child experienced an injury from the lack of oxygen. This is because you can't definitively prove that the oxygen deprivation was caused by the doctor's choices and not the chord.
In addition, it is important that you can show that there was an actual injury that caused lasting problems or increased medical bills. For example, if you just had a negative experience with the birth of your baby but both you and your baby didn't sustain any lasting injuries and the treatment didn't cost you an excessive amount in medical bills, you may not be able to file a lawsuit. Without an injury that you can prove, there is no reason to file a lawsuit.
If you feel like your situation meets these criteria then you should consider talking to a birth injury lawyer right away.Share