Birth injuries in Passaic County are considered medical malpractice when a physician, hospital or another medical staff member failed to use reasonable care during the birth of a child. Failure to use reasonable care is a legal term that means the institution or person was negligent, or at fault, for the mistake. Medical malpractice can cause:
- Injury or death to the child or mother during pregnancy or labor and delivery
- Wrongful birth
- Wrongful pregnancy
A birth injury can happen to the mother, infant or both. If the injury happens to the mother, she can file a medical malpractice claim when the doctor’s negligence prior to, or after, giving birth caused her injury. When the injury happens to the infant, you can file a lawsuit on behalf of your child because you are the legal guardian. You can also sue for an emotional injury such as pain and suffering experienced because of the injury to your child.
A wrongful birth occurs when you would have ended a pregnancy if you had known about substantial birth defects that a physician failed to discover or tell you about.
Wrongful pregnancy occurs when you attempt to end or avoid the pregnancy and it fails.
Regardless of who suffered the birth injury, Fontanella, Benevento, Galluccio & Smith of Passaic County, NJ will be there for you. We will help prove your birth injury medical malpractice claim and get you the money you deserve.
Proving Fault for a Medical Malpractice Birth Injury
Medical malpractice birth injury claims are difficult because of the elements a plaintiff must show to prove the doctor or hospital was at fault.
The element of proving fault is done by showing that the standard of care was breached or violated. In order to prove that a standard of care breach took place, you must prove that your physician did not use precautions that a reasonable person would have used. With medical malpractice lawsuits, the “reasonable person” is another physician. You must also prove:
- You had a physician-patient relationship with the doctor, or a hospital-patient relationship with the institution you are suing
- The negligence that occurred actually caused the injury to you or your infant.
- The negligence not only caused the injury but lead to damages
The second element, the negligence actually caused the injury, is a complex issue. New Jersey put this element in place because the majority of medical malpractice cases involve sick or injured patients. Thus, the court wants you to show that the injury didn’t happen prior to or separate from the doctor or hospital treating you.
The third element, injury leading to damages, is required to receive compensation. If a doctor performs below expected standards in the medical field, that doesn’t mean an injury happened. Therefore, the court wants to see that you or your child endured damages because of the injury such as:
- Additional medical bills
- Physical pain
- Mental anguish
The birth of a child is supposed to be a happy, joyous event. However, when a birth injury occurs, Passaic County’s Fontanella, Benevento, Galluccio & Smith will help you receive the compensation your child deserves.