Orange County injury attorneys deal with a huge variety of topics — the most commonplace are listed on almost every one of their websites: accidents, slip and fall, wrongful death. But not many people know that child birthing problems can fall under their purview as well.
What is a Problem Birth?
If you recently had a child, and there was something wrong that your doctors didn’t see coming (or at the minimum never warned you of), you may have legal grounds for a specialized form of medical malpractice lawsuit. If you don’t know why your baby, so perfect in the ultrasounds and passing all the standard tests, didn’t come out as perfectly as you expected, getting in touch with the right California law firm can be your best next move. They can help you pore over the medical records, interview the staff, and figure out what went wrong — and if someone at the hospital is responsible.
Medical negligence is generally defined as your medical provider not following the “most common and expected course of action” to address the problem at hand. In short, did the doctor actually act to the best of the medical community’s knowledge and understanding? If he didn’t — for pretty much any reason — and he didn’t get your consent for not doing so, he could be found negligent. Hospitals as well as individual doctors can be found negligent as well.
However, negligence alone isn’t enough to win your case: you have to prove that the situation was avoidable as well. For example, during a birth it’s not uncommon for a baby to be unable to breathe for a period of time. If the baby is unable to breathe for too long, it can result in brain damage — but the fact is that sometimes, the baby can’t breathe for reasons the doctor can do nothing about (short of an emergency operation that would seriously endanger the life of the mother). If the records show that a circumstance was unavoidable or undetectable, the likelihood of winning a case drops dramatically.
Childbirth is one of the most complex areas of modern medicine, and as a circumstance, one of the more complex areas of personal injury law — but if you feel like your baby wasn’t treated correctly by the hospital and suffered as a result, call a lawyer: you may be due some just compensation.