What is a Birth Injury in Phoenix, Arizona? 

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Medical malpractice occurs when a doctor or any type of medical professional provides substandard care to a patient. The substandard care harms the patient. One type of medical malpractice is called a birth injury. A birth injury occurs when a medical professional provides substandard care to a baby before, during or after the labor and delivery. When a baby is injured during the birthing process birth injury lawyers phoenix az will assist in getting financial justice for the child. 

Is a Birth Defect and Birth Injury the Same Thing? 

No. A birth injury is caused by substandard care that harms a baby. The substandard care occurred during the delivery of the child and involved something going wrong. A birth defect occurs during or prior to the pregnancy. The defect typically harms a baby. 

Why do Birth Injuries Occur? 

Birth injuries usually occur because a doctor provides substandard care. This means the doctor failed to either adequately assess or react to any complications and condition that occurred during pregnancy. Their inaction or action caused harm to the baby. One type of complication occurs when a woman takes a drug prescribed during pregnancy that harms a baby. The doctor who prescribed the medication could be sued for medical malpractice involving a birth injury. 

Is a Medical Malpractice Birth Injury Lawsuit an Automatic Win? 

No. All medical malpractice claims require a lot of work to prove. The important question for an attorney to prove is that the doctor failed to provide a woman and/or her baby with adequate medical care. This means that substandard care was given to the patient and not adequate care. 

The Elements of Birth Injury Medical Malpractice Claim 

In Arizona, medical malpractice must be proven. An attorney must use elements outlined the state of Arizona to prove birth injury medical malpractice occurred. For example, the first step is to prove the mother had a patient-doctor relationship with the medical professional who harmed their baby. This relationship creates a legal duty. Thus, the doctor owed the mother and/or patient a legal duty. 

Legal duty means that the doctor was supposed to prove the mother and/or baby with standard care that didn’t cause additional harm. Once that is proven, the attorney must show the doctor breached their legal duty. This means they were supposed to provide standard care, but breached their legal duty by causing substandard care. 

Contact a Birth Injury Attorney Regarding Your Baby’s Case 

In addition to proving duty and breach of duty, an attorney must show the doctor’s actions were negligent. Also, they must prove that doctor’s negligent actions lead to the baby’s injuries. Only after all the elements are proven will a jury award damages. These damages include future medical bills, pain and suffering and therapy. To understand more, it’s vital to hire a medical malpractice attorney for legal assistance. It’s also important to have legal representation in case the doctor wants to settle the case without going to court.

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