Was it Medical Malpractice?
Every couple of months, I see a discussion crop up on a preemie message board about medical malpractice. It’s understandable to want to know why your baby arrived too soon, and if something different could have been done to prevent it. While the cause of most cases of premature delivery is never known, and preterm births are often unpreventable, there are certain times when the actions of health care providers could be to blame.
It’s not my place to tell you whether you or your preemie has been harmed by a case of malpractice (that’s what medical malpractice lawyers are for), but I can fill you in on some basic information about medical injury and malpractice. The first thing to note is that malpractice law varies from state to state - i.e. Ohio medical malpractice laws are different from those in New York. You’ll need to check with a malpractice attorney to find out about statutes of limitation and other legal issues that might impact your case.
In order for something to be considered medical malpractice, four basic criteria need to be met. First, you must establish that there was a legal duty for the doctor or other defendent to treat you. Second, this person must act outside of the normal standard of care, and you must be able to show that these actions caused an injury. Finally, the injury must result in financial, emotional or physical damages.
If you wonder if medical malpractice was to blame for your baby’s early arrival or any medical complications they have suffered, contact a lawyer who specializes in medical malpractice litigation for a consultation right away.
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