Medical malpractice claims can be some of the most difficult of all personal injury cases, especially without the help of a seasoned medical malpractice attorney. Physicians are given trust in terms of the treatment they give to their patients and also great latitude when their treatment decisions are evaluated in court, as they can be considered expert witnesses when they testify in an injury case.
A testimony from another expert medical witness it typically needed to counter testimony from a negligent doctor. The fact that a child is born with an abnormality or disorder is not enough in and of itself to validate a medical malpractice claim. There must be evidence that the defendant erred significantly in some manner and did not act in his or her duty of care.
These potential obstacles when attempting to prove medical malpractice is exactly why it is vital to have an experienced medical malpractice attorney representing your case for a successful outcome.
Standard of Proof
The typical standard of proof for a medical malpractice claim is the preponderance of the evidence, but the professional status of the physician can make this burden more difficult. Doctors often can present reasons why they chose to treat a patient in any particular manner when a baby is being born.
Under the care of medical professionals, the life of the mother is considered just as important as the life of the child, so doctors have multiple concerns for preservation of life. Injuries usually occur when treatment decisions are unusual, and it still takes another expert witness who can testify that the doctor's reasoning was outside the "standard guidelines" of treatment in any given birthing situation.
When Malpractice Applies
Doctors can absolutely make errors when a baby is being born because it is a very fluid process and time to react is often limited. In addition, births typically require a team of assistants, and bad communication can result in mistakes made by non-professionals on a team. Details are often intricate and vital for proving a malpractice claim, and any breakdown in communication can trigger a bad treatment decision that can result in a devastating injury to either mother or child.
Another possible issue with proving malpractice in a medical malpractice claim is that general damages for pain-and-suffering are often limited by state law or precedent. These damages are considered non-economic compensatory damages, and any special calculable damages based on set financial amounts are usually not capped.
An experienced personal injury attorney, however, will know how to craft the case for maximum settlement when a court hearing can be avoided. Medical malpractice claims are always very complicated cases that require the expertise of a personal injury attorney who knows what to expect as a defense and bring forth the proper evidence to show a medical professional’s negligence.
The medical malpractice attorney you choose can make a major difference. In Ohio, that difference maker is the legal professionals at The Moore Law Firm. We have more than 50 years of combined experience helping our clients and their families seek just compensation for injuries that they sustained due medical malpractice. Let us fight for you and your family.
Contact The Moore Law Firm at (513) 232-2000 for a free case evaluation.