Compassionate Labor and Delivery Medical Malpractice Attorneys
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
The birth of a child is a life-changing event for every family. Unfortunately, when a birth injury happens during the labor and delivery process, life can change from joyful to devastating in the blink of an eye. If your child has been injured because of the negligence of a doctor or other medical provider, your family deserves compensation. Here, we cover what you need to know about a medical malpractice lawsuit so that you can help your child gain an improved quality of life.
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What Is Labor and Delivery Medical Malpractice?
Mismanaged labor and delivery malpractice can result in harm to a baby during or near birth. It can lead to severe and permanent neurological damage in the newborn. While some birth injuries can be minor, leaving no lasting damage, others can result in permanent disabilities, which may affect a child cognitively, physically, and emotionally.
So what can go wrong to cause a labor and delivery injury? Examples of labor and delivery negligence include:
- Failure to properly monitor the fetus during labor
- Misuse of Pitocin
- Failure to recognize or manage umbilical cord compression or prolapsed cord
- Failure to observe or respond to bleeding, including placental abruption
- Misuse of forceps or vacuum extractors
- Failure to respond to fetal distress
- Failure to timely a necessary C-section
- Failure to recognize or treat preeclampsia
What Do You Need to Prove in a Labor and Delivery Medical Malpractice Case?
If your child has suffered a birth injury due to labor and delivery malpractice, it’s your right to take legal action to pursue compensation for your child’s suffering and the costs of your child’s medical care. To prove that a medical professional is liable for your child’s injury, you and your malpractice lawyer must demonstrate that your case meets the four elements of medical malpractice:
- Duty. This refers to the doctor’s responsibility to meet the accepted standards of medical care during labor and delivery.
- Breach of duty. To win a medical malpractice case, you will need to establish that your doctor violated the applicable standard of care, and prove that a reasonable doctor would not have made the same mistakes that resulted in your child’s injury.
- Damages. You and your medical malpractice attorney will also need to prove that your child suffered injuries as a result of labor and delivery negligence.
- Causation. Finally, it will be necessary to prove that your child’s injury was directly caused by your doctor’s negligence during labor and delivery.
How Are Labor and Delivery Medical Malpractice Cases Resolved?
Every medical malpractice lawsuit is different, and some cases may not reach every step in the overall process. The filing and litigation of a medical malpractice case is complex and can take several years to accomplish, but typical steps include:
- Investigation. This is the first step. Your lawyer will gather the relevant medical records and consult with experts in the appropriate medical fields. Your case will not proceed to a lawsuit unless a qualified expert believes that there was negligence.
- File a lawsuit. Next, your attorney will file the case in the designated court of law. Once filed, you and your family become the plaintiffs, and the doctors or other medical staff who caused the injury become the defendants. The court will process the lawsuit, and it will be sent to the defendants, who will have a specific number of days to respond.
- Discovery. The discovery phase refers to the exchanging of information between you and the defendants. To build your case, your lawyer will gather the following:
- Depositions (testimony from you, the defendants, and medical experts)
- Medical records
- Hospital bills
- Life Care Plans and Economic Loss Reports
- Other related evidence
- Negotiate a settlement. After you and the defendant have both prepared your cases, you may discuss a possible settlement in order to resolve the dispute. If a settlement is reached, neither side is declared a winner, but the defendant agrees to pay compensation for your damages. If the case does not reach a settlement, the lawsuit will then move on to a trial.
- Trial and appeal. A judge and jury will hear arguments from your team as well as the defendant’s, and make a decision on the case.
Locations We Serve
Our experienced attorneys have handled mismanaged labor and delivery cases nationwide. Altogether, our attorneys are licensed to practice in almost a dozen states, including:
- New Jersey
- New York
- North Carolina
- South Carolina
- Washington, D.C.
If you reside outside of these states, Janet, Janet & Suggs may still be able to represent you. Our attorneys have received court approval to practice in several other states across the country.
A Compassionate Law Firm Dedicated to Your Case
The legal/medical team at Janet, Janet & Suggs is known for taking on the tough cases for victims of mismanaged labor and delivery malpractice. When you partner with us, we’ll help hold the responsible party accountable—and work to recover the full measure of justice your child deserves. Some of our wins on behalf of victims of mismanaged labor and delivery malpractice include:
- 33.5 Million: A Tennessee jury awarded this record-breaking verdict after finding that delays in performing an urgently needed cesarean section resulted in a baby developing severe brain damage and cerebral palsy.
- 18+ Million: This verdict was obtained in Iowa on behalf of a child who developed spastic quadriplegic cerebral palsy after the mother was taken off of continuous electronic fetal monitoring and placed on intermittent monitoring despite known risk factors.
- 15.5 Million: An OBGYN’s failure to come to the hospital to assess and deliver a baby caused brain damage and cerebral palsy, resulting in a record-breaking verdict in Minnesota.
Contact us today for a free, no-obligation consultation to discuss your case. We’ll help you decide the next best steps in your case so that you can focus on your child’s recovery.