Health & Fitness

Medical Malpractice Guide for Families Struggling After Birth Injury

The Center for Disease Control (CDC) reports that medical costs to families are highest after birth that results in cerebral palsy or intellectual disabilities to the child. The CDC estimates that the lifetime costs for caring for someone with a birth injury can exceed millions.

In 2003, the lifetime costs estimate for a child with a birth injury were $1 million, a figure that has risen sharply today due to inflation and the increased costs of medical care. If your family is feeling financial burdens after a birth injury, use this medical malpractice guide to see if you have cause to file a birth injury lawsuit.

Are Birth Injury Lawsuits Successful?

Yes, birth injury lawsuits can be successful. Even though the lifetime costs of cerebral palsy start at the $1 million mark, other factors can be included in your birth injury lawsuit.

If you fulfill all the elements of a birth injury claim, you could be awarded millions. One family in 2010 sued a Milwaukee doctor successfully. Their claim was that extreme force was used during delivery. The birth injury was cerebral palsy. The final settlement for malpractice for this Milwaukee family was $22 million. They fulfilled the required elements of a medical malpractice claim.

Required Elements for Medical Malpractice

To be successful in a malpractice claim, you need medical proof. An opinion in this matter won’t be enough to settle in your favor. You’ll have the burden to show that a doctor or hospital did not give you enough care during the delivery. You also have to show that had another doctor delivered your child, you would not be suffering the trauma and financial burdens of life with a child with a birth injury.

Here are the 4 things you need to show:

• The doctor owed you a duty of care.

• Breach of duty: The doctor did not uphold his duty.

• Cause: The doctor caused the injuries in question.

• Damages: You and your family are suffering damages and costs as a result of the above three elements.

How to Show Breach of Duty

The breach of duty element is the most important component of any medical malpractice guide. How do you show this?

There are a number of common ways that breach of duty occurs:

• The doctor did not attend in a timely way

• The doctor failed to diagnose

• The doctor misdiagnosed

• The doctor failed to communicate or review records before treatment

• The wrong part of the body or organ was treated

• Risks were not advised before or during treatment

Get a Free Medical Malpractice Consultation

When you have a medical malpractice claim, it is often a personal injury claim. However, medical malpractice is often more complicated than that, because you are going up against what is usually a credible force. 

Lawyers that specialize in birth injuries, or have a long history of cases with birth histories, can help you cut to the chase of your medical malpractice claim. You deserve compensation to ease your financial burden after a birth injury. Get a free consultation with a birth injury lawyer to see if you have a case.

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