During the birth process, injuries to the newborn may be caused by the negligence and misconduct of medical professionals. Because newborn children are especially vulnerable, medical providers are expected to provide the appropriate care under the circumstances to prevent birth injuries.
When birth injuries occur as a result of a medical provider's errors, then it may give rise to a medical malpractice claim. If your child has been diagnosed with cerebral palsy or other issues as a result of a birth injury, then contact us to speak with a medical malpractice attorney about your options.
Our Des Moines medical malpractice attorneys are here to explain important information about birth injuries, specifically cerebral palsy, which can be caused by medical malpractice. Keep reading to find answers to common questions.
How can cerebral palsy be caused by medical malpractice?
Cerebral palsy may be caused by a variety of factors, some of which directly result from failures of medical providers. When cerebral palsy is a result of a birth injury that could have been prevented, then there may be medical malpractice. Some injuries that may fit these criteria include:
Failure to detect low oxygen levels and heart rates
Failure to properly treat other issues including weak reflexes, drooling, seizures, and other apparent issues
In the event, your child was injured due to the negligence of a health provider, it is in your best interest to contact a Des Moines medical malpractice lawyer today.
Why should I file a medical malpractice claim?
Cerebral palsy requires costly treatments for those affected as well as for their families. This kind of birth injury will need lifelong medical treatments that can result in a loss of income and punitive damages.
By filing a medical malpractice claim, families can seek legal compensation that eases the financial burden of living with cerebral palsy as well as helps to raise someone with the condition.
Besides receiving financial compensation from a medical malpractice lawsuit, there are other reasons to file. For example, it could potentially prevent a similar incident from impacting someone else, provide more insight into how the accident happened, and it can make the doctors involved accountable for their actions.
What must be shown to file a medical malpractice claim?
In order to receive compensation for a medical malpractice claim, there must be evidence that the medical provider's care fell below a certain standard and that this deficient level of care caused your child’s actual injuries. Proving all of this can be complicated, so it is important that you work with an experienced medical malpractice attorney who can help you gather the necessary information.
How much compensation will a successful claim provide?
If you are able to show all of the necessary legal elements, then you are entitled to recover financial compensation. The amount to be paid depends upon many different factors, including the specific diagnosis, the extent of injuries, the anticipated treatment needed, expenses incurred, and any other relevant information. Most medical providers will be covered by medical malpractice liability insurance, which will have certain policy limits of what they are willing to pay.
Because every situation is unique, the amount you should receive will vary from case to case. In general, you should recover enough to cover the expenses you have incurred and those expenses needed to help provide for the care and comfort of your child in the future. An experienced attorney will help you know what a fair settlement would be for your case.
If your child has been diagnosed with cerebral palsy from a birth injury or failure of a medical provider to provide the appropriate care, then contact us to learn if your case meets the criteria for a medical malpractice claim. Our personal injury attorneys will help you understand your options, and we can help you pursue a claim.
Call Hope Law Firm today at (515) 298-5056 if you have a medical malpractice case.