A parent’s greatest fear is their child getting injured at the hospital. But, these accidents can happen at any time and may harm the child severely. Cases of medical malpractice occur from negligence. When the hospital, doctors, and nursing staff don’t pay attention and are reckless, they may endanger any child.
If a malpractice case occurs, parents should look into getting legal help to hold those responsible accountable. But before they can launch an issue, there are several hurdles they need to cross to prepare a good case. To help you understand, here is what parents need to go through:
- What Constitutes As A Medical Malpractice?
Medical malpractice is an umbrella term that encompasses different scenarios of negligence. Children can get injured during birth and while getting a check-up when it comes to children. The doctor may be too rough with the child, causing them to bleed, cause a fracture or leave bruises.
Birth injuries are slightly different. During labor, the mother can get neglected. This, in turn, impacts the baby, causing them great distress such as deprivation of oxygen. While the baby is crowning, doctors may pull too hard or injure them with forceps.
- What Should The Parent Do When The Child Is Injured?
Parents need to identify what injury their child has. For example, a traumatic force can injure the child’s upper arm during birth, causing Erb’s palsy. It is essential to seek a lawyer specializing in such cases’ conditions. Seeking an Erb’s palsy attorney can help parents seek justice for their child successfully.
The lawyer can guide the parents on the technicalities of their legal case. They ask for evidence such as medical prescriptions, naming the doctor in charge, and submitting doctor’s notes. The exact process gets applied with other legal cases related to malpractice.
- What Challenges Can Occur While Filing A Lawsuit?
Lawsuits are complex, and unless you have an expert lawyer with you, the chances of succeeding are minimal. Malpractice cases are tedious and require you to submit sufficient paperwork and evidence to build your case. Those may still not be enough. But, with some effort, a claim still has a chance of winning. Here are some challenges parents can face when they take the doctor to court:
- The Parents Miss The Statute Of Limitations. Legal cases have a timeline. If the deadline passes, the claim can no longer get filed. The minute parents learn about their child’s injury. A lawsuit should be on top of their list. If they risk a delay, they may miss important deadlines and no longer file a claim. Medical malpractice lawsuits are essential. They help parents get compensated, which allows them to look after their injured child better.
- Trouble in Proving Medical Negligence. It is essential to prove that medical negligence took place. There needs to be evidence which states that a child sustained injuries from the doctor. Often, the evidence is nothing more than the doctor’s notes. These may not have all the case details and may even be ambiguous. In such cases, lawyers need to find expert medical experts who can study the issue and prove the source of injury. At the same time, the lawyer needs to smartly work with the defense team to get them to confess they made a mistake.
- Difficulty in Convincing the Jury of the Negligence. Cases that go to trial stand before a jury. Their decision decides the conclusion of a claim. It is hard to convince the jury that a doctor made a mistake. Some see it as collateral damage necessary to save the baby’s life. Unless the doctor leaves physical evidence like leaving an instrument inside after a C section, convincing a jury of an injury takes effort. A lawyer needs to argue that the incident was not accidental but intentional. It helps to have a medical expert on your side to assist the lawyer.
How Does the Defendant Dismiss the Lawsuit
They have a few tricks up their sleeves when you take a doctor to court. The defense team’s job is to make all your statements invalid and claim that the injury wasn’t on purpose. Here are the tactics the defense relies on to save their client:
- Reject Expert Testimony. The defendant’s team will push that the plaintiff’s team, the parent’s legal team, is not qualified to have an opinion. They will argue that the evidence is insufficient and unreliable to hold the doctor accountable. They do this by talking about the complexity of assisting a mother to give birth and the struggles a doctor faces.
- Elimination of Damages. The defense team focuses on the injuries a baby sustained. They dismiss the damages unless it is visible, severe, and significant. If the baby is injured, they can argue that it could have occurred while in the birth canal. These dismiss all damages that the plaintiff claims the doctor did.
- Absence of Causation. The defense will try to deny that anything the doctor did was intentional. For instance, they may argue that the mother was already struggling with hypertension during birth which hurt the baby. They may say that the child was already underweight and missing essential vitamins, making them fragile to injuries. The purpose behind the absence of causation is to destroy any link between the doctor’s error and the resulting damage.
For any parent witnessing their child get hurt is painful. Hospitals are supposed to be safe spaces for the people. So when the staff shows negligence and carelessness causing severe injuries, they need to be held accountable. A qualified medical malpractice lawyer can help parents make a case.
But the trial is not easy. Many hurdles arise along the way, including proving the cause of the injury. The defense team will protect their client. They will dismiss charges, try to invalidate the plaintiff’s team, and try pinning the situation on circumstances. It may sound tedious and overwhelming, but no parent should hesitate to seek help. As long as they have an expert lawyer by their side, they can win the case.
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