Having a baby is supposed to be the best day of your adult life, but for some people, the experience ends in tragedy. In some cases, the tragedy is unavoidable and the medical staff did everything they could to prevent the tragedy. But sadly, in other cases, the incompetence of the medical staff is what actually causes the problem. If you have experienced a tragedy with the birth of a child, you might be wondering if you should take legal action. Here are some things you need to know about hiring a birth injury lawyer.
1. There Has To Be Gross Negligence
What many people do not realize is that simply having a tragedy does not merit the grounds for a lawsuit. There actually has to be some kind of negligence or fault on the part of the doctor or medical staff. For instance, if, when the problems started, the doctors did everything that they could and what a reasonable doctor would have done in that situation, you may not have a problem. Many times, the defensive party will interview other doctor and medical professionals asking what they would have done in a similar situation, and if they followed protocol and did what any other doctor would do, there is no negligence. The problems come when you have a doctor who acted outside of protocol or was irresponsible when they performed services, such as were intoxicated or otherwise unfit for performing duties but did so anyways.
2. The Doctor Had To Have A Responsibility To You
When you have a baby, you should choose a doctor to perform medical services. If the person who harmed you was not your doctor, or was not responsible for you, then you may not have a lawsuit. For example, if you were having a baby in a car and someone stopped to help you on the side of the road, even if they said they were a doctor, you probably could not sue them. This is because they didn't have a responsibility to you, and you accept their help and thereby accepted the risks.
3. There Has To Be Injuries That Can Be Proven
Lastly, the injuries from the birth have to be proven that the doctor caused them. If it is difficult to tell whether if the child or mother would have had the problem either way, then you may have a hard time winning a lawsuit.
By having these things, you should be able to file a lawsuit. Visit websites like http://www.snyderwenner.com to learn more.
