When a newborn baby suffers personal injury during the labor and delivery process, the family is likely eligible to recover compensation if the healthcare provider’s negligence and medical malpractice was the root cause of the injury. If your family has suffered such a loss, an experienced medical malpractice attorney can help you recover the damages you deserve.
Essential Elements of Birth Injury Lawsuits in Nevada
Lawsuits involving birth injuries fall within the realm of medical malpractice litigation. Because of the complex nature and high stakes involved in the childbirth process, medical malpractice claims involving birth injuries often produce some of the highest settlements or damage award rulings of any type of personal injury litigation.
If your child is the victim of medical malpractice, your family may be entitled to compensation for your medical bills and pain and suffering. These types of damages are commonly referred to as “compensatory damages” because they are intended to compensate accident victims for the economic costs associated with their injuries.
In cases where the other party’s negligence was especially extreme, the court may award the plaintiff “punitive damages” as well. This form of compensation is intended to send a message to the defendant and the general public that there are consequences for engaging in extremely reckless medical practice. Punitive damages are typically capped as a multiple of the total amount of compensatory damages awarded. However, if there are criminal charges associated with the case, the punitive damages cap may be lifted.
Proving Negligence in a Birth Injury Lawsuit
In order to be successful in a medical malpractice case, you and your personal injury attorney must be able to prove to a court that the medical professional was acting in a negligent manner, and that this negligence caused the injury to your child.
Personal injury attorneys will work with medical experts to obtain and present a medical standard of care to a court. This document can be used to help prove that the defendant failed to meet the accepted standard of care, and caused injuries to the baby.
This medical standard of care is typically defined as the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged instance of medical malpractice.
The law regarding medical malpractice acknowledges that sometimes, a healthcare facility or professional makes a mistake. In order for this to amount to a case for medical malpractice, the medical treatment has to fall below an accepted medical standard and the substandard treatment must result in harm to the patient.