Having a baby is one of the most exciting and memorable events that a person can experience. No matter how much we plan and prepare for the birth, however, unexpected things may go wrong. In some unfortunate circumstances, these errors are the fault of the doctor or another medical professional tending to the birth. When a baby or mother suffers an injury during the birth process, the baby, the mother, and in some cases the father can bring a claim for those injuries. Medical malpractice attorney Patrick E. Knie can guide people in Spartanburg and elsewhere in South Carolina, such as in Greenville, through the process of building a case and pursuing the compensation that they deserve.Holding Health Care Professionals Accountable for Negligence
Preventable harm can occur at many different stages of the delivery process or as the result of improper prenatal care. A number of defendants can be named in a birth injury case, including a hospital, treating physician, anesthesiologist, nurse, and midwife. In order to recover compensation, the plaintiff usually would need to show that the defendant acted negligently. In a medical malpractice case, this means that the defendant or defendants failed to use the same ordinary care and skill that a reasonably prudent medical professional with the same expertise would use for a patient with similar conditions and demographics.
After establishing that the defendant failed to comply with the applicable standard of care, the plaintiff must show that this failure was the cause of his or her birth-related injury, or the harm that the baby sustained. Proving liability generally requires testimony from expert medical professionals who practice in the same field as the doctors or medical professionals named in the lawsuit.
After proving that the defendant fell below the applicable standard of medical care and that this breach was the cause of the injuries, the plaintiff must provide evidence of the damages that any victims suffered. Since injuries to a baby may not manifest for several months or even years, it is important to conduct thorough medical examinations prior to agreeing to any settlement offer or obtaining a judgment at trial. Moreover, the injuries that a mother suffers may be so severe that they prevent her from bearing children in the future. In this unfortunate instance, the mother and father may both be entitled to compensation for their loss. Additionally, a mother may suffer injuries that require her to miss work for a substantial period of time. In this case, the mother likely would be entitled to lost wages and the loss of any future earning capacity.Discuss Your Birth Injury Case with a Greenville & Spartanburg Attorney
If you or someone you know has suffered harm as the result of a birth injury or another incident of medical malpractice, you may be entitled to compensation. Injury lawyer Patrick E. Knie recognizes that Spartanburg residents and others can endure devastating harm because of a health care professional’s negligence. We also have an office in Greenville from which we can serve accident victims in that area. Our team has provided reliable legal counsel to people throughout Cherokee, Union, Laurens, and Greenville Counties for over 40 years, and we are prepared to do the same for you and your family. Call us at 864-582-5118 or contact us online to set up a free consultation.