Kansas City Birth Injury Attorney
The last thing you want to think about when you head to the hospital for the arrival of your new baby is what might go wrong when you get there. The sad truth is that birth injury can affect your life and the lives of your new baby and your spouse for years to come. Sometimes injury is unavoidable because of unforeseen complications. If the injury occurred due to the negligence of the caretakers at the hospital, however, you might need to consider filing a birth injury medical malpractice claim. To do this, contact an experienced birth injury attorneys in Kansas City, MO who has a successful track record handling birth injury cases, along with other medical malpractice type cases.
Injury or Defect? Discerning the Difference
Sometimes a baby is born with a condition that arose from circumstances outside a physician’s or hospital’s care-taking role. Some birth defect causes are unknown, but may be due to choices that a pregnant mother made outside of her doctor’s recommendations. If a condition can be proven in court to be a birth defect, a family may not pursue further legal action.
Injuries, on the other hand, are normally the result of something that went wrong but could have been prevented during the course of labor. Negligent acts, such as improper technique, surgical errors, or use of medical equipment, can cause harm or injury to newborns and may be cause for the pursuit of legal action against the obstetrician or hospital. Keep in mind that not all injuries will be awarded damages. If an injury occurred despite the reasonable use of equipment and techniques, a doctor will be considered to have acted within the parameters for an appropriate standard of care.
There are two main stories that courtrooms hear repeatedly in birth injury cases. The first is that a doctor failed to respond to the presented conditions in a reasonable way. This might mean that the doctor misused medical equipment like forceps or that he or she did not perform a cesarean section where another doctor definitely would have. The second story is that injuries were caused by improperly prescribed prenatal care. When pregnant women are prescribed the wrong drugs, or the wrong amount of drugs. Under the guidance of a pharmacist or doctor, they don’t expect harm to come to their baby. In an instance when pharmaceuticals caused injury, the pharmacist, doctor or a pharmaceutical company may be held liable for any injurious birth defects.
Since many different parties may be responsible for birth injury, medical malpractice claims in these cases are incredibly complex. The hospital may be held liable for injuries sustained for failure to adequately investigate new doctor or nurse hires. A hospital may also be found vicariously liable if the doctor or other hospital employee was acting within his or her normal work duties when the injury occurred.
Pharmaceutical companies may be held liable for cases in which a prenatal prescription drug can be proven to have caused injury to the newborn. In some cases, if the company listed adequate warning about the side effects of using the drug during pregnancy, it may not be held liable. Failure to warn consumers and doctors of the dangers, however, may lead to successful claims against the company.
Proving a Claim
The main component of a successful birth injury claim is proving that a care provider did not give the mother or baby reasonable and adequate care or advice during the pregnancy or delivery.
The plaintiff must also prove that a doctor or care provider acted against or under the established standard of care that has been accepted in the medical field. Expert medical testimony is normally an essential component of proving this negligence.
If you think you might have a birth injury medical malpractice case, the team at Fowler Pickert Eisenmenger Norfleet. Our team has experience in medical malpractice cases and will be able to advise you on your unique case. Located in Kansas City, Missouri, we focus on maintaining individualized legal service that provides clients with the compensation they deserve. Contact our firm for a free legal consultation and or case evaluation if you think you may have a birth injury case and are in need of legal counsel.