When is a birth injury the result of medical malpractice?

When is a birth injury the result of medical malpractice?

When complications arise during a pregnancy/delivery, and an infant suffers an injury, the effects may be catastrophic and last a child a lifetime. When these injuries are due to medical negligence, it may be possible to bring a birth injury claim. If successful, medical malpractice awards may be able to provide families significant funds to help care for the life of the child.

What constitutes medical malpractice?

When a doctor or hospital fails to act in accordance to the standard of care expected, and this failure or “breach” causes harm, he or she may be found to have committed malpractice. This may include actions such as failing to provide needed prenatal care, advice, and treatment. It may also include failing to diagnose and treat prenatal conditions and risks.

Medical negligence may also include delaying action or treatment when complications arise during delivery, such as failing to promptly perform an emergency Cesarean Section when signs of fetal distress emerge.

Where a child sustains a birth injury as a result of medical malpractice, families may be devastated and not know where to turn. The first step in determining your legal options is to consult with a knowledgeable California medical malpractice attorney.

For more information please contact the dedicate California medical malpractice team at Bostwick & Peterson, LLP for an confidential consultation.


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