It is not unheard of for a doctor to blame a mother for her child’s birth injury. This is why it is so important for parents of injured children to understand their rights in a birth injury claim.
An attorney can act as an advocate for the mother and injured child, fighting to represent the victim’s rights in a claim. An attorney has the resources and legal know-how to take a stand against a negligent doctor or hospital.
Your Right to Duty of Care – Preventing Injury
A mother has a right to expect her obstetrician and delivering doctor to uphold the duty of care. This medical obligation dictates a doctor or medical professional must provide care that meets or exceeds the standard of reasonable care. In short, the doctor must administer and demonstrate a level of training, experience, care and knowledge, as would a similar professional under similar circumstances. A failure to meet the duty of care represents an act of negligence.
For example: An obstetrician observes the developing fetus is unusually large at the eight-month mark. He notes the woman’s relatively small pelvis but fails to talk to the mother about alternatives to vaginal birth, such as c-section. The labor is unnecessarily difficult, and both mother and baby experience trauma, resulting in the baby suffering nerve injury and Erb’s palsy. In this example, the doctor may try to “blame” the mother, citing her narrow birth canal or decision to deliver vaginally. However, the doctor may have mitigated the risk, had he exercised a duty of care and talked to the patient about the need for c-section.
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Your Right to File a Claim or Lawsuit
Is your doctor blaming you for your child’s birth injury?
Parents have the right to file a civil claim or lawsuit when there is substantial evidence that medical negligence caused their child’s condition. Parents can make a claim or file a lawsuit against the negligent doctor and any other associated liable parties. A victim has the right to secure legal representation from a lawyer in such an action.
For example: A poorly trained and unqualified delivery room doctor fails to perform standard techniques that would allow for safe delivery. Instead, she exerts undue force upon the newborn’s head and neck, causing nerve damage. The doctor may not be the only one held accountable in a medical malpractice claim – the doctor’s employer or hospital also may be liable for damages.
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Your Right to Pursue Fair Compensation
A parent who can prove a doctor’s negligence caused the child’s injury has the right to pursue reasonable damages in a lawsuit.
For example: Damages may include compensation to address medical and surgical costs, a parent’s lost wages, pain and suffering, and other expenses.
Do not be intimidated by a doctor who blames you for your child’s injury. Schedule a free case evaluation with the birth injury attorneys in Fort Lauderdale at Chalik & Chalik to learn more about your rights.
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