Steps in Filling Birth Injury Lawsuit


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Recently, a woman reported that the medical officer had left a pair of scissors in her womb. After the woman started reporting pains, doctors removed the scissors after surgery. Although these types of cases may not have led to death, unfortunately, they could have caused long-term complications or birth injuries. If this is the case, the aggrieved party should get a child birth injury lawsuit

In these cases, there is a lot of negligence from the medical personnel. In this case, the doctors had not adhered to the quality standard during the CS. The patient has every right to sue the hospital. Some common activities by medical personnel that may lead to birth injury are:

  • Excessive use of force during birth
  • Improper use of birth tools like forceps
  • Failure to treat any medical condition on the mother or child

Birth injuries can affect both the mother and the child

Birth injuries on the mother include:

  • Uncontrolled bleeding
  • Infection
  • Leaving medical tool inside the mother
  • Anesthesia complications
  • Uterine rupture

There several factors and conditions that can lead to birth injuries to the baby. 

  • Delayed births are the most common cause of birth injury. 
  • Lack of enough oxygen and flow to the brain leading to birth injuries.
  • Exposure of the mother or the infant to certain drugs viral or bacterial condition.
  • Medical negligence.

Birth injury on the child include

  • Nerval damage and birth effects
  • Born fractures
  • Death
  • Brain damage due to lack of oxygen

Some of these birth injuries are attributed to physicians, obstetricians, gynecologist nurses, and midwives. To stop this incompetency, we should make sure the perpetrators are held responsible.

The first step they took after the birth injury was to consult an attorney. The child’s parents or the injured mother are tasked with explaining to the lawyer why they think the medical or hospital caused the injuries. My people, people have doubts instinct that there was a problem. A lawyer will determine if there is a case.

With the help of an attorney with a medical background, an investigation was. During the investigation phase, all-important medical records are reviewed. Doctors reports, nurses’ reports, and all-important hospital records are also reviewed. There is also questioning of the involved medical personnel. A report was written by a medical report by a reputable medical expert in favor of the injured.

A tribunal comprised of a judge, physician, and attorney was formed. The plaintiff was required to provide all proof, including a medical report and statements that could link the defendant to the injury. Once the tribunal approved the evidence, the case moved to the discovery phase.

In this phase, the plaintiff and the defendant must get relevant information from each other by litigation. After this stage, the two parties had an option to go for settlement or a trial. They chose to go for settlement. They agreed the plaintiff was to be compensated.

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