Welcoming a child into the world should be a joyous time that can quickly be ruined because of obstetrical malpractice. Learn when a provider is at fault and some common malpractice consequences in this guide. Use the information below to determine when you should consult an obstetrical negligence lawyer. 

Do You Have a Case? Essential Elements of Medical Malpractice Suits

When should you consult a childbirth medical error lawyer? You must have a valid case that meets the following criteria. 

1. The Provider Has a Duty of Care

You expect the physicians and nurses treating you to provide reasonable care. Their actions should align with the standards that other industry professionals abide by. 

2. They Breached Their Duty

An OB-GYN negligence lawyer needs solid evidence that the healthcare provider in question did not uphold the appropriate standard of care. Legal professionals consider this a breach of duty, which becomes a crucial part of a lawsuit. 

3. Maternal or Infant Injuries Stem From the Breach of Duty

You need reasonable evidence of causation before hiring a labor and delivery malpractice lawyer. If your infant sustains an injury during birth, is it directly because of the actions of your healthcare team? 

4. The Victim Has Measurable Damages

Finally, you’ll have a viable case if you can claim economic or non-economic damages from the injury. Perhaps an injury during delivery requires you to extend your hospital stay and receive further treatment. You can claim these additional medical expenses in the suit you file with a skilled obstetrical negligence lawyer.

What if your newborn will face long-term health challenges because of an injury sustained at birth? In this scenario, plaintiffs can also claim damages for emotional distress. 

When Should You Seek a Birth Injury Attorney?

Obstetrical negligence can occur at any point during pregnancy. Be mindful of your health throughout this period and the care you receive. For example, if you’re diagnosed with gestational diabetes and don’t receive the proper treatment plan, it can impact your health and the development of your baby. 

Problems during birth can also arise, putting mother and baby at risk. Common complications stemming from negligent behavior include:

• Infant bone fractures
• Cerebral palsy due to a lack of oxygen
• Postpartum hemorrhaging
• Maternal infections

Reach out to an obstetrical negligence lawyer if you believe these complications are due to a breach of duty. Legal professionals will build a compelling case based on solid evidence and help you seek justice.

Understanding the Consequences of Medical Negligence During Pregnancy and Childbirth  

At-fault healthcare workers and facilities can face notable consequences when resolving a malpractice suit. The fetal distress injury attorney representing the plaintiff will primarily argue for fair compensation, including:

• Economic damages: These often include medical bills to treat the injury and lost wages. 
• Non-economic damages: Also known as pain and suffering damages, compensation covers a family’s emotional distress after a birth injury. 
• Punitive damages: Depending on the severity of your case, the at-fault provider may have to pay punitive damages for their negligence.

In some cases, the negligent provider could lose their medical license because of their careless behavior. It’s also possible that the facility responsible for the injury will need to update its protocols to prevent these issues from occurring in the future. 

Open a Malpractice Suit With a Trusted Maternal Injury Attorney – Contact The Cifarelli Law Firm

How will you understand your options if you never meet with an obstetrical negligence lawyer? Reach out to The Cifarelli Law Firm today to discuss your case with one of our compassionate, knowledgeable attorneys. Call (949) 409-6324 to schedule a free consultation.