Can You Sue if You Signed a Liability Waiver in Ohio?
Posted in: Legal Blog
KNR Legal Blog
The birth of a child is one of the happiest days of any parent’s life. For some parents, this joyous occasion can be tragically marked by a birth injury to their newborn. Birth injuries due to medical malpractice affect many families every year. If your family has been affected by birth trauma, one of our attorneys at Kisling, Nestico & Redick may be able to help you file a claim for compensation.
If you feel that something went wrong during your child’s birth resulting in lasting injuries, your gut feeling may very well be accurate. Birth trauma injuries occur more often than many medical professionals are willing to admit. Some birth injuries are minor and may heal completely over a few weeks, while some can cause permanent, disabling conditions.
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Some of the most common birth trauma injuries caused by medical negligence include the following:
Proving what caused a birth injury is one of the necessary steps for filing a claim for medical negligence. In many cases, causation will be in dispute. You can expect that a medical professional who disputes what caused the injury may allege that it was caused by a genetic abnormality or some other unavoidable factor that was not their fault.
Causation must be proven in every medical negligence case, which is why you need an attorney to help you handle your case. Birth trauma cases can be quite complex and may require testimony of multiple expert witnesses to prove the case. Consulting attorney with experience handling birth trauma cases can greatly increase your odds of prevailing.
Every medical malpractice case is unique, and the job of a medical negligence attorney is to understand all the details of a case, including specific medical terms used in medical records. In some cases, medical professionals will immediately communicate with family members about what went wrong during a birth and even apologize for what happened.
However, the opposite scenario is not uncommon. Some medical professionals refuse to admit to liability at all. Many doctors and nurses are concerned about their professional licenses, careers, continued employment, and insurance premiums. Additionally, some cases are complex, and more than one individual may be at fault. In these cases, a medical negligence lawyer may be able to assist your family prove what happened based on medical records, independent medical exams, testimony of experts, and other evidence.
In some cases, more than one individual may be responsible for a birth injury. Many doctors carry their own insurance policies. A typical birth may involve more than one doctor as well and multiple other medical professionals who were assisting with the birth. If a nurse or other medical professional was partially responsible for a birth injury, the hospital that employed the defendant may be held liable.
Birth injuries can have life-long affects which can impact your entire family’s future. Filing a medical malpractice lawsuit is a way to ensure that you can provide for the care that your loved one will need now and in the future. Doctors and hospitals don’t admit fault easily, so you will want to have an attorney who is familiar with handling birth trauma litigation on your side. Contact our experienced attorneys via our online contact form today to schedule a consultation.