A birth injury may occur if a doctor or member of medical staff acts negligently or in error. When this is the case, the medical professional or institution may be liable for medical malpractice. Pursuing a medical malpractice case may secure the compensation needed to care for an injured child. However, securing this compensation requires proving that a specific duty of care was not upheld. Below, we outline what a doctor’s duty of care is, and ways in which a doctor may fail to act on this duty.
To pursue a medical malpractice case, you must first show that you were a part of a doctor-patient relationship when the malpractice occurred.
One way to prove the above is by obtaining medical records and other documents. Without such proof, the doctor may claim that treatment or monitoring was terminated before the negligence occurred.
Once you have established the doctor-patient relationship, a doctor’s duty of care applies. Stated in general terms, this duty of care refers to the standard practices that any competent doctor would engage in under similar circumstances. That is, a doctor must act on the best medical knowledge of the time and in accordance with certain standard procedures. Irregular, abnormal, negligent or erroneous practices may indicate medical malpractice.
More specifically, a doctor’s duty of care consists of:
To summarize, the duty of care in healthcare is an important element in any medical malpractice case. Medical malpractice cases involving birth injuries are no different. This is because proving medical malpractice entails proving:
If your child suffered from an injury at birth, you may be eligible to file a medical malpractice case. Your child’s birth injury may have long-term consequences. You may encounter high medical costs from your child’s ongoing treatments. At the same time, your child’s quality of life may suffer as a result. However, a medical malpractice settlement may secure the compensation needed to cover these costs.
The birth injury lawyers of Grant & Eisenhofer P.A. may be able to help you pursue this compensation. To learn more about our extensive litigation services, give us a call at (877) 262-9767 or contact us online.
The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.
The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.