Nebraska Birth Injury lawyer
A birth injury can impact a family and a child for the rest of their lives. While some birth injuries are natural, others are caused by medical malpractice. In the latter instances, Nebraska birth injury lawyers believe that it is important for individuals to understand their rights. Under the Nebraska Hospital-Medical Liability Act, a person may bring a lawsuit for a birth injury due to medical malpractice. When a doctor or health care professional fails to use the ordinary and reasonable care, skill, and knowledge ordinarily possessed, they could be held liable.
Treating birth injuries often cause a serious emotional and financial impact on both the families and children impacted by a birth injury. If you have been a victim of medical malpractice one of the skilled medical malpractice attorneys at Inkelaar Law could help you pursue the compensation you deserve.
Basics of Nebraska Lawsuits
In a birth injury case, the plaintiff’s party will be required to prove several elements. However, the main elements are breach of duty, causation, and damages. Speak to a Nebraska birth injury lawyer if you would like to learn more.
A Breach of Duty and Causation
Medical professionals including doctors, nurses, OBGYN’s, and anesthesiologists have a duty to meet a certain standard of care. When they fail to meet this standard of care, they may be held liable for their actions. In a birth injury lawsuit hinged on medical malpractice, a lawyer will be required to show that a doctor deviated from the standard of care.
A Nebraska birth injury lawyer will also be required to demonstrate causation. Causation means that there is a connection between the health care provider’s breach of duty and any injuries. If there is no connection, the healthcare provider may not be held liable.
Damages
If a plaintiff’s party showed a healthcare provider breached their duty of care in a birth injury case. They must then show that they suffered some injury as a result. This element does not solely refer to physical injuries but also covers financial damages. Essentially if a baby was required to undergo an emergency surgery because of a doctor’s negligence, a mother may be entitled to recover compensation to cover the child’s medical expenses.
Causes of Birth Injuries
Some of the common birth injuries that Nebraska birth injury lawyers see include cerebral palsy, brachial plexus palsy, and maternal hemorrhage. Additionally, there are instances where doctors fail to note or diagnose preeclampsia, which can have serious, if not fatal effects. There are a variety of causes for these birth injuries including:
- Improper use of medical tools such as forceps or vacuum extractors
- Improper administration of medication
- Failure to respond to complications such as a breech birth
- Inexperienced staff
- Oxygen Deprivation
- Failure to perform a C-section
Speak to a Nebraska birth injury lawyer if you would like to learn more about the causes of birth injuries.
How a Nebraska Birth Injury Attorney Can Assist You
Birth injuries can permanently impact your family. They often require a lifetime of care that can have a large impact on your family. However, you have options. If you believe your child suffered a birth injury due to the negligence of a doctor or medical professional, contact a Nebraska birth injury lawyer at Inkelaar Law who can offer guidance and support during these trying times and could aggressively pursue compensation for your child’s injuries.