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Medical Malpractice

Has Your Child Suffered a Birth Injury?

January 17, 2022

Birth injuries are an unfortunately common type of medical malpractice. These injuries can range from mild injuries that require a few months of recovery to severe injuries that can result in life-long disabilities. Because the birthing process can be traumatic and some injuries are unavoidable or due to factors beyond our control, it is often difficult to determine whether or not an injury to the child is the result of negligence on the part of the doctor, nurses, or the hospital. If your child has suffered a birth injury, you may want to consider discussing your case with a Wyoming birth injury lawyer as you may be entitled to compensation. 

Was Your Child’s Injury the Result of Medical Malpractice? 

You are only entitled to compensation if you can prove that your child’s injury was caused by negligence on the part of the doctor or other medical professional. However, proving negligence in a medical malpractice case is not the same as proving ordinary negligence as you would in another injury case such as a car accident

Instead, you must prove that the treatment provided failed to meet the accepted standard of care. The standard of care takes a variety of circumstances into account, including the following: 

  • The geographical location where the treatment was provided
  • The doctor’s training and experience
  • The complexity of the case 

In other words, the same standard of care does not apply across all cases This is one of the reasons why birth injury cases can be so difficult. And if you cannot prove that the doctor failed to meet the accepted standard of care, you will not be able to get the compensation you need. For this reason alone, you should discuss your case with a Wyoming birth injury lawyer before it’s too late. 

Examples of Negligence That Can Result in Birth Injuries

Despite how difficult it can be to prove negligence in these cases, many birth injuries are the result of the following causes: 

  • Failing to adequately monitor the baby’s vital signs
  • Failure to adequately respond to signs of fetal distress
  • Misuse of forceps, vacuum extractors, or other birthing devices
  • Allowing labor to take place for an unnecessarily long period of time

Of course, this is not an exhaustive list of potential causes. If you suspect your child’s birth injury is the result of medical malpractice, the best thing you can do is to contact a Wyoming birth injury lawyer as soon as possible. They can review your case and determine whether you have a claim for compensation. 

Talk to a Wyoming Birth Injury Lawyer at Ragain & Clark Today

A birth injury could change your child’s life forever. If your child’s birth injury was caused by medical malpractice, you may be entitled to receive the compensation you need for future and ongoing care. To discuss your case and how we can help, call us today at 307-388-6400 or complete our online contact form to schedule a free case evaluation and consultation.  We have office locations available in Montana and Wyoming

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