Phoenix Birth Injury Lawyer
During the pregnancy and birthing process, the parent can find consolation and support knowing their doctor is taking excellent care of them and their child—or at least they should be. Unfortunately, even the most trusted and experienced medical professional can make a mistake that can have severe and even fatal consequences for the parent and the child. Cases of medical malpractice require fair compensation for the victim. Parents and children are entitled to pursue fair compensation to hold the negligence provider responsible for their actions.
Feller & Wendt is a firm committed to helping parents and children who’ve been victims of medical negligence get the justice they deserve. Victims are entitled to compensation to aid in their recovery and to hold liable parties responsible so that, hopefully, future harm can be prevented. At Feller & Wendt, our priority is to pursue the best possible results for our clients, guiding them every step of the way to ensure they have the legal and moral support they need to get through such a challenging situation.
What Birth Injuries Are Considered Medical Malpractice?
Medical malpractice lawsuits arise when a medical professional fails to exercise the same degree of care as a similar professional would have in similar circumstances to prevent causing their patient harm. A common form of medical malpractice occurs during the pregnancy, labor, and delivery process, which can lead to many different injuries to the parent and child. It can be challenging to connect a birth injury to medical negligence, which is why the best thing to do if you suspect medical negligence is to contact an experienced Phoenix birth injury attorney that can ensure you have a valid case and pursue legal action before the statute of limitations expires.
However, to give you a quick idea of what kind of injuries are often considered the result of medical negligence, here is a list of common injuries that lead to medical malpractice cases:
- Brain damage
- Cerebral palsy
- Brachial plexus injuries
- Erb’s palsy
- Shoulder dystocia
- Bone fractures
- Nerve damage
- Facial paralysis
- Back and spine injuries
- Wrongful death
These are some of the most common injuries that infants suffer due to medical negligence during the parent’s pregnancy, labor, or delivery. Birth injuries from negligence can also occur shortly after the birth, such as when the nurse is handling the newborn or a doctor fails to diagnose and treat infant jaundice properly.
How to Prove a Birth Injury Is Connected to Medical Negligence
In Arizona, the burden of proof (the requirement to prove the defendant’s fault for damages) rests with the injured patient (the plaintiff) and their legal team. In a medical negligence case, the burden of proof is to establish that the medical professional’s (the defendant’s) medical negligence is more likely than not the direct cause or significant contributing cause of the birth injury. Proving medical negligence under the legal theory of negligence means proving these four main elements:
Duty of Care/Doctor-Patient Relationship
A doctor-patient relationship is established when the medical professional agrees to treat the patient and explains their treatment plans. This relationship is what creates a legal relationship between the patient and the medical professional, which gives the patient legal grounds to pursue legal action against them. Under this relationship, the medical professional is legally required to exercise the same amount of care as another reasonable and prudent professional would with the same education and experience in similar circumstances.
Breach of Duty
A medical professional that fails to exercise the level of care required to prevent harming the parent or child during the pregnancy, labor, or delivery process is breaching their legal duty of care. This breach is what is referred to as medical malpractice or negligence. To move forward with a claim, there must be evidence that demonstrates the medical professional breached their legal duty.
The key to a medical malpractice case is establishing a connection (supported by evidence) between the defendant’s breach of duty and the parent’s or child’s injuries. Medical negligence must be the proximate (significant contributor) or main reason that the parent and/or child suffered birth injuries. Proving this usually means demonstrating that if not for the defendant’s breach of duty the parent and/or child would not have suffered those consequences.
Once it’s proven that the medical professional was negligent, it must be proven that the child and/or parent suffered harm because of the negligence. After proving the existence of the birth injuries, the plaintiff must be able to demonstrate their need for the list of compensable damages they are demanding to recover in the case. Compensable damages can be tangible (medical expenses, loss of income) or intangible (loss of quality of life, pain and suffering).
It can be difficult to pursue a birth injury case because it means navigating the state’s medical malpractice laws and insurance/legal teams whose goal is to get your case resolved as quickly and as cost-effective to them as possible. However, with a seasoned and trusted Phoenix birth injury lawyer at your side, you’re not only evening the playing field, but you’re ensuring that there’s someone on your side ready to go the extra mile to protect you and your family.
Contact an Experienced Phoenix Birth Injury Lawyer at Feller & Wendt
Having handled numerous birth injury cases, the Phoenix birth injury lawyers at Feller & Wendt have the knowledge and skills necessary to procedures the best possible results for your case. We know that our clients are coming to us at a very difficult time, and we’re ready to provide you with the legal and moral support you need to get through the process.
Feller & Wendt is committed to helping our client’s fight for their right to fair compensation regardless of how complicated their case may be. At Feller & Wendt, your best interests are our priority. Contact our Phoenix birth injury attorneys today to schedule a free consultation at (480) 702-2277 or complete our contact form to ask for more information about how we can help you.