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When Does A Birth Injury Result From Medical Malpractice?

Many different factors contribute to birth injuries, including unexpected complications during labor. Often, however, severe birth injuries are the result of medical malpractice by a physician or other health care practitioner.

Birth-related medical malpractice occurs when a hospital, doctor or other medical professional acts negligently by failing to use reasonable care and the result is an undue injury or otherwise avoidable condition. A mother and/or her infant may be a victim of the following types of negligence relating to childbirth:

  • Labor or delivery errors
  • Surgical mistakes
  • Wrongful birth (when parents would have ended or avoided pregnancy if they had known about likely birth defects)
  • Wrongful pregnancy

When it comes to birth injuries, some of the most common causes include oxygen deprivation and failure to perform a life-saving procedure, such as a Caesarean section, promptly. But not all instances of birth-related injury constitute medical malpractice. Generally, to prove medical malpractice, one must provide sufficient evidence that the following four basic conditions were met:

  • A doctor-patient relationship existed.
  • The doctor was negligent.
  • The negligence caused an injury.
  • The injury led to specific damages.

Birth-related medical malpractice involves complex medical and legal issues, and can be very difficult to prove. For this reason, it's important to retain guidance from an experienced birth injury lawyer who helps you compile ample evidence, including expert testimony, in order to prove your claim.

To learn more about your legal options and rights to adequate compensation in a birth injury lawsuit stemming from a negligent error by a doctor or nurse, contact a Chicago, Illinois malpractice attorney at Jeffrey M. Goldberg Law Offices.

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