Is a birth injury a case of medical malpractice?

| Mar 21, 2021 | Medical Malpractice |

When things go wrong during childbirth, it can change the course of a child’s life in an instant. Parents may worry about their child’s future and how they can access the necessary care. They may wonder what Illinois law has to say about medical malpractice and birth injuries.

How do you know if a birth injury amounts to medical malpractice?

To know if a birth injury amounts to medical malpractice, it’s important to determine the underlying cause of the injury. Questions to ask include whether the doctor could have done something to prevent the injury and whether the doctor was unreasonable for failing to identify the danger and taking steps to prevent the injury.

Health care providers are not necessarily responsible for every injury that occurs during the birth process. Legal liability attaches when the injury was preventable through reasonable care. The underlying cause must be the action or inaction of a health care provider. A doctor, nurse or other medical professional must live up to reasonable standards of someone with comparable training or skill.

Failing to recognize that a mother or child is in distress may result from a lack of skill or even inattention to the patient. If the professional did not use the training or abilities they should have had for the situation, it may be an example of medical malpractice. Examples of birth injuries may include brain trauma, paralysis, nerve damage and broken bones.

Understanding legal rights when medical malpractice occurs

Medical malpractice may give a victim the right to claim financial compensation on behalf of their child. The payment may be a welcome relief for a family who needs help when their child suffers a debilitating birth injury. To receive compensation, parents should file a claim with the help of an attorney.