Medical Malpractice: Birth Injuries

Medical Malpractice: Birth Injuries

Medical professionals need licenses to prove their competence. But there are times where even the most competent medical professionals become negligent or reckless. These instances can be overlooked if they didn’t cause harm to the patients, but if they do, it is a different story.

According to the website of Habush Habush & Rottier S.C., those who have been victims of medical malpractice may take legal action against the responsible party, like the medical professional involved. A medical malpractice case can be viable if the following has occurred:

  • There is a legitimate relationship between the professional and the patient
  • The professional holds the duty of care for the said patient
  • The professional has compromised this duty of care through action or inaction
  • The compromise has resulted into the patient’s harm

The website of Crowe & Mulvey, LLP has enumerated various areas where medical malpractice can take place, and one of the most controversial ones involve birth injuries.

Birth injuries can occur in numerous ways. They can be sustained because of complications during the pregnancy or child birth. There are also instances where the incompetence or negligence of the medical professional is their direct cause, like when the medical professional has failed to diagnose or treat complications, mishandled a delivery instrument, or practiced improper delivery techniques. Below are just some of the worst birth injuries:

  • Brain and spinal cord damage and other traumatic injuries
  • Cephalohematoma and other bodily complications
  • Facial palsy and other forms of paralysis
  • Toxoplasmosis and other kinds of infections

However, it is important to mention that the medical industry is complicated. This is the very reason why those in the industry show their competence through licenses. Because of this complexity, some injuries and medical complications that have been sustained even while on the medical professional’s duty of care may be justifiable. They only become subject to medical malpractice cases if the medical professional has been negligent, reckless, or made a mistake that a reasonable professional shouldn’t have committed.