All children are blessings. No fact can be truer than that. But you know what else is true? The reality of malpractice and the protections of the law. And well, sometimes we have to discard the rose-colored glasses in order to be able to ascertain where we truly stand, and why we’re there. Sometimes, what we see isn’t pretty. The law is often difficult and harsh, but it is also a tool that is essential so that society functions for those who have been wronged.
Children who are exposed to any kind of birth complications have a high risk of developing autism as well as a plethora of other problems. While it’s easy to simply think that “maybe it was just bad luck”, the truth is that there are times where it isn’t just bad luck. Sometimes, the people who are tasked with ensuring a proper birth aren’t up to the task.
The accusation of malpractice is a tragic thing to think about. However, it’s also a question that needs to be answered to ensure that only qualified staff are doing the job of handling the most vulnerable, and that they’re worthy of taking on a responsibility as huge as that of assisting in the birth of a child.
Though most births happen without incident, there are simply too many variables during childbirth. In a room full of tense medical professionals handling multiple patients, mistakes are going to happen sometimes.
Medical malpractice occurs inside the delivery room more often than you might think. Though most births happen without incident, there are simply too many variables during childbirth. In a room full of tense medical professionals handling multiple patients, mistakes are going to happen sometimes.
However, there has to be a line drawn between an honest mistake and an instance of medical malpractice. That line is the element of negligence. To prove negligence, it has to be shown beyond a reasonable doubt that the level of care and attention that the staff provided was not on par with that of the standards of other medical professionals. Alternately, it must be shown that the protocols that guide procedure in a certain situation were not properly followed.
Some examples of these include but are not limited to:
- Failing to detect the baby’s poor positioning
- Undiagnosed, untreated infection in the mother
- Administering medications that the mother is allergic to
- Misuse of medical instruments
If you feel that you weren’t taken care of properly, and this resulted in any injuries in your child, you may want to get professional help from lawyers like malpractice attorneys in Seattle. They are able to help families collect settlements when they can demonstrate malpractice. And while no amount of money can ever hope to replace the life of a loved one, monetary compensation can at least help you and your family recover from the loss.
But on the other hand, what’s going to stop unscrupulous people from abusing this element of the law? Strict conditions.
In order for a claim to be a qualified birth injury case, it has to be proven that the injury was a direct result of the negligence of the medical professionals involved. Failure to adhere to standard protocols, as well as a failure to properly monitor both the unborn child and the mother are both prime examples.