Filing The Midwifery Negligence Lawsuit - Part 3
Shopping For Clients - Breaches of Duty and Brain Injuries
Nikolas Noonen
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According to National Vital Statistics, birth injury is defined as damage to an infant’s body function or structure as the result of an adverse event during childbirth. Injuries mostly occur during the process of labor and delivery.
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Trial lawyers may choose to specifically focus on attracting infant brain injury cases. Law firms may publish specific articles for consumers, describing types of brain injury and how they can assist a familly in learning about what is involved in this type of litigation. They may start by describing how medical professionals are responsible for keeping their patients safe and will define duty of care and that many preventable birth injuries have occurred due to a breach in duty of care. These legal advertisements will admit that birth injuries are not always preventable, but legal remedies are available to cover the costs of injuries caused by careless healthcare professionals. Though easily preventable, breaches in care cause brain injuries that may leave a child disabled for the rest of their life.
So why should you file a brain injury lawsuit? The attorneys’ answer: It may be an individual’s only way to take action against a preventable tragedy. By filing a lawsuit, you may be able to cover your expenses in the event your family is driven to bankruptcy. Successful brain injury litigation will hold the obstetrical providers responsible for the harm that they have committed and will provide the family with “closure and justice”. In addition, brain injury lawsuits can inform more families of the dangers of birth injuries and the medical providers that cause them, keeping other at-risk mothers and fetuses safe. Finally, brain injury lawsuits can help your family regain a sense of control that incompetent care providers took away from you.
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Successful lawsuits will award families financial compensation for adaptive equipment and home modifications, emotional damages such as pain and suffering and loss of companionship, physical therapy, and other expenses. Many attorney advertisements will provide information regarding when you should file a brain injury lawsuit. As a general rule, they advise families to file a lawsuit as soon as possible after your child’s diagnosis and you suspect that your doctor or midwife caused it.
Heard enough? These advertisements are, clearly, campaigns of mistrust. While they might be successful in attracting business, they do nothing else but provoke anxiety in members of the public. There’s no question that when these lawsuits are successful, families with a brain injured child are generously compensated, along with the lawyers that represented them. Sometimes these lawsuits will go forward, even when no medical wrongdoing can be established at trial. In these instances, everyone loses. As providers this is what you are up against.
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I suspect that many of you have seen articles and other media advertising that present similar information for engaging families in making the decision to sue their caregivers. These advertisements are psychologically powerful and effective. Your best defense, as always, is to be alert and aware. Hopefully, you are focusing on your best practice, at all times. This includes paying close attention to your relationships with patients and building trust. Providing competent and compassionate medical and midwifery care is exhausting but you know how to do it. Self care is essential and restorative.
Expectation and Duty
Kiahna Mollette
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Remain cognizant of commitments to your patients and do not fail to live up to the standards of your profession. The truth is: birth injury lawsuits are practically never filed without cause. I’ve said this before, but lawyers cannot afford to take a dumb case. (See Frivolous Lawsuits https://midwivesontrial.com) Although Plaintiffs will lose more often than they will prevail at trial, this does not mean you can relax your care standards and responsibilities. Once again, you never want to harm an infant and be sued for negligence. It only takes one exhausting shift, one shortcut, or one selfish decision to wreak havoc on your career and home life.
https://www.midwivesontrial.com