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Can I File for Medical Malpractice for Injuries Sustained in Labor?

July 15, 2022 | Medical Malpractice

When the negligence of medical professional results in an injury sustained in labor, you may be eligible to pursue a  medical malpractice claim. Injuries inflicted during labor may affect the infant or mother’s health and wellbeing long-term. In cases of labor and delivery injuries, medical professionals should be held accountable for any inadequate treatment that deviated from the set standards in the medical industry.

At Goza & Honnold, we have decades of experience fighting for the compensation you are owed due to a medical professional’s deviation of care during labor and delivery. We ensure that the judge and jury understand your story and devastating losses, so you may obtain the justice you deserve.

Filing a Claim for Medical Malpractice for Injuries Sustained in Labor

Medical malpractice refers to situations where a medical professional has failed to provide adequate care, leading to injury to the patient. Medical providers must provide a certain level of care throughout the labor and delivery process and must respond appropriately to any medical emergencies or complications.

If you or your infant were harmed during labor due to a medical mistake, it may be considered medical negligence, and the medical providers may be held liable for medical malpractice.

How to Establish Medical Malpractice in a Labor or Delivery  Injury Claim

To successfully recover damages for medical malpractice, you must first prove negligence caused by the injuries you sustained during labor, including the deviation of acceptable standards of medical treatment by your medical provider.

The following are elements you must prove in a labor or delivery  injury claim with the help of a skilled medical malpractice lawyer at Goza & Honnold:

Deviation From Acceptable Standards of Care

In order to hold a medical professional accountable for their negligence in a labor or delivery injury claim, you must show that the treatment deviated from acceptable standards of care. This requires establishing an acceptable standard of care for labor and delivery when the mother was injured.

With the help of a skilled medical malpractice lawyer, you may present expert testimony from a medical professional qualified in the same field as the negligent medical provider. This allows the treatment provided to be measured against the standard, assessing what actions were taken during the delivery process and what should have been done instead.

Deviation Directly Caused a Birth Injury

Not only must you prove that the medical professional deviated from acceptable standards of care, but you must also prove that this deviation directly caused an injury to occur. Evidence, such as documentation showing the mother’s treatment plan during pregnancy and delivery, as well as medical records of the birth and delivery aftercare, is essential to establish whether malpractice was committed.

Damages Sustained Due to the Birth Injury

Lastly, you must prove that the injuries you sustained due to the medical professional’s negligence resulted in damages. This may include medical expenses, lost wages, emotional suffering, disability, caretaking expenses, or other injury-related losses.

Speak With the Experienced Medical Malpractice Lawyers at Goza & Honnold

Through a medical malpractice lawsuit, you may recover necessary compensation for the injuries you sustained during the labor and delivery process. At Goza & Honnold, we have recovered tens of millions of dollars in monetary compensation for medical malpractice victims.

We understand how especially sensitive the labor and delivery process may be, and that delivery room personnel have a responsibility to ensure the safety of mothers and their infants. We work tirelessly to hold negligent medical professionals accountable for any violations of their duty of care. To schedule a free consultation with one of our medical malpractice lawyers, call (913) 451-3433 or fill out our contact form.