Lawsuits and Legal Action for Alabama Birth Injuries
In Alabama, medical professionals whose negligence results in a birth injury can be held accountable for damages.
Taking legal action against negligent medical professionals can help in several ways. It helps you get justice for what happened to your child. It sends a message to medical professionals and hospitals that they need to follow standards of care. It may help to prevent other children from being harmed. And it also helps you recover financial compensation to make sure your child will get the treatment and care he or she needs.
Medical professionals are expected to follow a "standard of care" during pregnancy, labor and delivery. In Alabama, standard of care is defined as "that level of such reasonable care, skill, and diligence as other similarly situated health care providers in the same general line of practice, ordinarily have and exercise in like cases." [Ala. Code § 6-5-542]
Failing to meet this standard of care is considered negligence. Negligence that affects the mother or baby can occur during pregnancy, delivery, labor or shortly after birth. Examples of negligence include:
- Failure to identify risk factors in the mother (such as hypertension)
- Failure to treat these risk factors or refer the mother to a specialist
- Failure to discuss options with the mother for a safer delivery
- Prescribing the wrong dosage or type of medication
- Failure to monitor the baby's health during labor and delivery
- Failure to monitor the risk of infection
- Failure to perform a C-section when medically necessary
- Causing injury to the baby through improper use forceps or vacuum extractors
- Failure to treat infection after birth
- Failure to take immediate and necessary steps to reduce the risk or severity of brain damage
Attorneys who fight for the rights of your child
Negligent doctors and hospitals typically don't accept responsibility for anything that went wrong. They may argue that there are risks to any birth. Insurance companies stand by them, because there is a lot of money at stake, and they want to pay as little as possible. And they have lawyers looking out for their best interests who will fight you every step of the way.
That's why you need an experience birth injury attorney on your side. Our birth injury attorneys are experienced and familiar with Alabama law. They know how to investigate to find out what really happened. This involves examining all documentation, such as medical records and test results. It involves interviewing witnesses. We also frequently consult medical experts who can advise us about whether the standard of care was met.
This allows them to build a strong case that proves your child's birth injury was the result of medical negligence. When insurance companies see that our attorneys have built strong cases that hold negligent medical professionals accountable, they often agree to enter settlement negotiations.
The goal of our attorneys is to help you recover the financial compensation you need to cover all medical expenses for your child's birth injuries - both now and in the future. An attorney can also help you develop a life care plan for your child and set up a special needs trust. These can give you the peace of mind of knowing your child will always receive proper care and treatment.
Learn more about how an experienced Alabama birth injury attorney can help you. Use Help For Your Baby's service to schedule a free consultation. An attorney can review the details of your case, answer your questions and explain your legal options.