If your baby was injured by a nurse or midwife, it could be medical malpractice. If the injury resulted from a preventable medical error, you can seek compensation to help you pay for your child’s healthcare and more.
Medical malpractice birth injuries can be challenging to prove. The Gill Law Firm’s medical malpractice attorneys in Arizona can help you build your case. Contact us today to learn more.
What Is Medical Malpractice?
Medical malpractice injuries occur due to preventable medical errors. They are not simply the result of an unavoidable negative outcome. They happen because of a medical mistake.
To prove a medical malpractice case, you must show that:
- A doctor/patient relationship existed between you and the medical provider
- The provider did not treat you (or your baby) according to the accepted standard of care
- The negligent treatment you received was the direct cause of an injury
You must have a nursing license to care for patients in Arizona. According to Arizona law, midwives must also obtain a license from the Arizona State Board of Nursing or the Arizona Department of Health Services (DHS).
These licenses make both nurses and midwives legal medical providers able to enter into a doctor/patient relationship. Therefore, you can sue a nurse or midwife for medical malpractice injuries caused to you or your baby during childbirth. You could also have a claim against the hospital, birthing center, or medical facility they work for.
How Can Malpractice Cause a Birth Injury?
A birth injury may be the result of medical malpractice if a nurse or midwife failed to properly monitor and respond to complications before and during labor and childbirth. Examples of actions that may constitute malpractice include:
- Failure to monitor fetal heart rate
- Failure to identify and monitor abnormal birth positions, such as breech birth
- Failure to diagnose maternal infections that could harm the baby, such as Group B Strep
- Misuse of delivery tools, such as forceps and vacuums
- Medication errors involving either the baby or the mother
- Failure to order an emergency C-section when necessary
Common Medical Malpractice Birth Injuries
You could have a medical malpractice claim against a nurse or midwife in Arizona if their actions caused your baby to suffer a birth injury. Common birth injuries include:
- Broken bones, including collarbones, arms, and legs
- Nerve injuries, including brachial palsy, Erb’s palsy, and facial paralysis
- Skull fractures
- Brain injuries
- Eye injuries
- Spinal cord injuries
- Cerebral palsy
- Internal organ injuries
You Could Recover Compensation to Help Care for Your Injured Infant
You can seek compensation if your baby suffered an injury caused by medical malpractice.
If your child has a severe injury, they may require lifelong medical care and other services. You can seek compensation for these expenses, including mobility aids, medical equipment, physical therapy and rehabilitation, medications, nursing, and in-home health services. You may also be able to recover compensation to help pay for their educational needs, such as special schooling or speech therapy.
You may qualify for damages for your child’s lost earning capacity, as well as compensation for your lost income if you must leave your job to care for your child. Additionally, you may be able to seek compensation for your and your child’s physical, mental, and emotional pain and suffering, and lost quality of life.
How Can Our Medical Malpractice Attorneys Assist With Your Case?
Medical malpractice cases are challenging because they involve complex medical issues. And, because birth injuries can lead to a lifetime of treatments, the value of these claims can be high, further complicating issues.
Medical malpractice insurance providers typically fight settlements, and you will need a strong case proving that your child’s injury was caused by a medical mistake that should not have happened.
Our attorneys in Arizona can obtain and review evidence to support your claim, including medical records and witness testimony. We can also help you identify and pursue all of your current and future losses. We will handle investigations, paperwork, negotiations, and details so you can focus on your baby.
Contact the Gill Law Firm About Your Claim
If your baby was injured by a nurse or midwife, it could be medical malpractice. Contact the Gill Law Firm today to learn more about how our Arizona medical malpractice attorneys can help with your birth injury case.