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How Do I File A Birth-Related Medical Malpractice?

by Kristen White Blogger
We have the latest medicines that are safer for mothers and their unborn babies nowadays. However, birth injuries and deaths continue to be on the rise. Some medical doctors and health care professionals still make errors that put the lives of babies and their mothers in jeopardy. When it comes to childbirth, there are so many complications that may arise due to medical malpractice. And too often, we experienced lifetime disabilities or deformities on a child’s life due to a doctor’s negligence. If you believe you or your child has suffered injuries during birth because of a medical doctor’s negligence, you may have a legal right to file a medical malpractice claim.

 Understanding Birth-Related Medical Malpractice
Birth related medical malpractice comes about when a physician who is believed to provide care fails to provide it reasonably. Birth related injuries can be the most devastating of all the medical malpractice. This is because one is dealing with a new life, and the injuries caused will have to live with the victim for the whole of his/her life. If such happens, the victim is left with no choice other than to hire a lawyer for Alaska medical malpractice. A doctor fails to use reasonable care when:

Assisting the mother during childbirth and causing injuries in the process: These injuries can either be to the mother, infant or both. An example of the injury to the mother could be the doctor failing to control the flow of blood during delivery. Conversely, injuries to the infant can occur when the doctor fails to monitor the flow of oxygen during birth or after.

Failure to advise the parents of a risky pregnancy: Meaning, should the parents have known about defects, they could have avoided the pregnancy. In such circumstances, the parents may argue that the doctor failed to warn them of the impending birth defects. The parents may argue that if they had the correct information, they would have avoided the pregnancy or looked for ways to terminate the pregnancy altogether.

Wrongful pregnancy: This comes about when the parents look for advice to avoid pregnancy, but the advice given fails them and pregnancy occurs. This sometimes happens when the parent doesn’t receive the right pregnancy testing, or the mother was sterilized, but the pregnancy still occurred.

Some harm that occurs to the mother and the baby may be unavoidable, while in others, the doctor may have negligently given wrong advice or medication. More to this, the doctors could have failed to use reasonable care when handling the mother during childbirth.  In some circumstances, injuries resulting from birth may not be due to a doctor’s negligence. That’s why you need to hire a lawyer for Alaska medical malpractice to know whether your case is valid.

What Damages Can I Recover?
Recovering birth-related damages in a medical malpractice claim is not easy. For one, you may think you have a claim, but in the real sense, your issue cannot amount to medical malpractice. To avoid inconvenience or waste of time and money, it’s better to look for experienced Anchorage lawyers. They may give you advice as to whether your situation may amount to a case. A victim of birth injuries may recover from the below damages but not limited to:
Emotional distress
Future cost of treatment
Loss of enjoyment of life

Every state has its own rules when it comes to the damages that can be recovered. That’s why it’s recommended to have experienced Anchorage lawyers who can give the right advice and ensure one gets the compensation he/she deserves.


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About Kristen White Committed   Blogger

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Joined APSense since, August 19th, 2016, From Chicago, United States.

Created on Jun 13th 2020 00:02. Viewed 267 times.

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