Medical Malpractice FAQs
Who can be sued under medical malpractice laws?
What does “established customary standard of care” mean?
How do I gather evidence for this type of medical malpractice case?
What are the most common instances of medical negligence in a birth injury case?
What are the most frequent birth injuries?
What is medical malpractice?Medical malpractice occurs when a doctor, nurse, or other licensed medical professional fails to provide a patient with medical treatment equal to the established customary standard of care and this failure results in an injury to a patient.
> More information on medical malpractice.
Who can be sued under medical malpractice laws?
Any health care professional who is in a position of trust, is licensed and provides professional medical service to you.
What does “established customary standard of care” mean?This is the degree of care and skill that the average qualified doctor would provide to a patient who sought medical care for similar symptoms and circumstances.
My doctor made a mistake. He even admitted it to me and my treatment didn’t work. Do I have a malpractice case?A medical malpractice / medical negligence attorney can help you to determine if your case has merit. Many mistakes are simply that, but if your doctor's mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be "Yes". Damages may be recoverable for you under medical malpractice laws. Contact us today to determine whether you are entitled to compensation.
How do I gather evidence for this type of medical malpractice case?n most cases, you will not be able to gather the evidence necessary to document negligence in a birth injury case. Your attorney will actually have access to more medical records than you will, as ironic as they may seem. Munley, Munley & Cartwright's medical malpractice lawyers are experienced in this type of litigation and will know what you need for your case.
When should I see a lawyer?As soon as you suspect that negligence may be the cause of the birth
injury in your baby. It is necessary to gather facts and evidence early. There
is also a ”statute of limitations” for filing medical malpractice claims so
don’t delay.
A physical injury suffered by a baby during delivery. Birth injuries may be related to pre-existing maternal or fetal health problems, or related to negligence by a health care professional such as a doctor or another member of the professional medical staff. These injuries may cause permanent disabilities or even death.
> More information on birth injuries.
What are the most common instances of medical negligence in a birth injury case?The most common examples of medical negligence are related to improper responses by the doctor anyone on the medical team. These responses are usually related to unforeseen circumstances, such as a larger baby than expected, an unexpected shift in baby's position, and other unexpected complications, which may include:
- Bleeding, distress, or lack of oxygen experienced by mother or infant.
- Umbilical cord entrapment or compression.
- Delay in decision to do cesarean section.
- Use / misuse of vacuum extractor and forceps.
- Delay in recognizing or treating Infections.
What are the most frequent birth injuries?
The birth injuries most often reported are:
- Injuries to the brachial plexus (a nerve network that conducts signals from the spine to the shoulder, arm, and hand). Generally these injuries fall under one of four types: Avulsion (the nerve is torn from the spine); Rupture (the nerve is torn, but not at the spinal attachment); Neuroma (the nerve healing is impaired due to scar tissue); and Neuropraxia (the nerve has been damaged, but not torn).
- Fracture of the clavicle or collarbone.
- Cephalohematoma -bleeding underneath an area of scalp.
- Caput succedaneum - a diffuse swelling and bruising of the scalp in a newborn (may also "mold" the head), generally caused by vacuum extraction delivery.
- Cerebral palsy - disorder affecting muscle control and movement.
- Subconjunctival hemorrhage.
- Bruising and/or forceps marks.
