Columbus Birth Injury Lawyer
Medical professionals, including general practitioners, nurses, and OB-GYNs have a legal and ethical duty to meet an applicable standard of care. When this duty is breached in the delivery room, newborns may suffer the consequences. Infants could be the most vulnerable patients and are subject to an alarming incidence of medical negligence and mistakes. A family who has experienced such recklessness may benefit from consulting a Columbus birth injury lawyer.
While some injuries could result from unexpected labor complications or unforeseen circumstances, others may stem from medical malpractice of healthcare professionals. A compassionate injury attorney could assist in holding negligent doctors or other specialists who injured a newborn liable for their actions.
The Fundamentals of a Birth Injury
A birth defect and birth injury are often confused because they are known to have comparable symptoms and signs. However, they are incredibly different. A birth defect implies that the child was genetically predisposed to a specific disability, while a birth injury often refers to an injury that occurred during birth, ultimately causing a disability in an otherwise healthy child.
In Columbus, a claim could be valid if the injury was directly caused by medical negligence, which refers to care exercised by the medical professionals that falls below the proposed standard of care in the industry. Physicians, nurses, and other specialists assigned to a delivery generally must comply with regulations that monitor the health of a fetus, execute a predetermined plan, and handle all complications that may arise in a timely manner.
If medical professionals fail to uphold this duty, the family may have a viable birth injury claim. A Columbus birth injury lawyer could examine the circumstances surrounding the injury.
Determining Liability in Columbus
Establishing liability is generally the first aspect of a birth injury claim. To prove negligence occurred during childbirth, the family may need to establish four aspects that commonly include:
- Doctor and patient relationship;
- Breach of the duty of care;
- There was harm or injury involved; and
- The harm or injury was caused by the breach of the duty of care.
When a medical employee’s negligence results in an injury, the hospital may be held liable under the doctrine “respondeat superior.” Under that doctrine, an employer may be held liable for the negligent acts of its employees such as nurses, medical specialists, and even doctors in some cases. However, as most doctors are hired as independent contractors, it may be increasingly rare that this is the case.
Doctors and other medical professionals typically owe a duty to its patients to keep them safe from preventable harm, succinctly perform clinical tests, appropriately admit and discharge patients, and maintain accurate medical records. When they fail to do this, they may be held liable for injuries incurred.
Getting Legal Guidance from a Columbus Birth Injury Lawyer
While being surrounded by medical professionals may put expecting parents at ease, it does completely protect a newborn from injury. In some cases, the mistakes and errors of medical professionals could endanger a newborn’s life or cause severe injury. A knowledgeable Columbus birth injury lawyer could help identify a liable party when a newborn is injured under the care of a doctor, nurse or another medical professional. Contact a credible injury attorney today.
