Personal Injury & Medical Malpractice Blog

Friday, February 17, 2017

NY Clinic, Feds Face Med Mal Suit Over Stillborn Birth

How do you prove a medical malpractice case?

A federally funded medical clinic in New York was recently hit with a medical malpractice lawsuit alleging that the hospital was negligent in delivering a baby born to a woman suffering from diabetes.  According to the complaint, the stillborn birth resulted from a series of negligent acts on the part of the doctors and other health care staff, including:

  • Failure to properly manage the mother’s diabetic condition during the pregnancy
  • Ignoring abnormal lab results
  • Missing symptoms
  • Delaying orders for cesarean birth

All of these actions, the woman alleges, are inconsistent with the standard of care and led to the stillborn birth of her child.

Medical Malpractice – Standard of Care

Every negligence case involves some sort of duty to behave according to a standard. In ordinary negligence cases, you would want to show that someone did not behave as a reasonable person under the circumstances. In medical malpractice cases, this duty is higher and a little more complicated to prove.

Their exists a “medical standard of care” that physicians must meet, which means that they must provide the type and level of care that an ordinary, prudent health care professional, with the same training and experience would provide under like circumstances in the community.

Proving Deviation From The Standard of Care

In medical malpractice cases, your attorney would enlist the assistance of a medical expert, who would testify as to:

  • The exact standard of care,
  • How the treatment was below the standard of care, and
  • What harm resulted from the substandard medical care.

There is also a heighted standard of care for medical specialists like neurologists, allergists, anesthesiologists, radiologists and others. Your expert would need to testify as to the standard of care your particular specialist should be held.

Medical Malpractice Damages

If you are able to prove your medical malpractice claim, you may be able to receive compensation for:

  • Pain and suffering
  • Medical bills
  • Lost earnings
  • Lost earning capacity

In some cases, if the negligence was extreme in nature, punitive damages may be recoverable.

Have You Been Injured by a Medical Doctor?

If you have been injured by a medical practitioner you may be entitled to compensation for your injuries. The experienced medical malpractice attorneys at the Law Offices of Arthur O. Tisi can assess your case and help you get the compensation you deserve.  Contact us today for a free consultation.

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