(845) 802-0047There are some important steps that doctors should take to prevent premature births. When the mother starts having uterine contractions before 35 weeks of gestation, it is a significant risk of a premature delivery. In those cases, the mother should be admitted to the hospital, placed on 100 percent bed rest so she is not moving around, and given medications to prevent or slow down the uterine contractions. If doctors fail to follow proper procedures and the baby is injured as a result, the mother may be able to pursue a medical malpractice case.
If you believe you may be the victim of malpractice, consult with a Hudson Valley premature delivery injury lawyer. A seasoned attorney could help you pursue compensation for your family’s suffering.
First Steps for Mothers Who Suspect Malpractice
The first step a mother should take after realizing malpractice may have occurred is to contact an attorney who has experience handling these cases. The critical question in a birth injury case is whether the mother’s condition was appropriately managed by her obstetrician. Did she have the appropriate recommendations when she went into uterine contractions before 35 weeks of gestation? That would include hospitalization, bed rest, and medication.
There are additional factors to use to prove Hudson Valley premature malpractice cases. One of the most important factors is whether the child has brain damage. That would be determined through imaging studies, such as an MRI or a CAT scan of the brain. If the imaging studies are negative, it is far more difficult to prove that the harm was caused by the doctor’s negligence.
Case Process
If an attorney believes malpractice occurred, the process of a Hudson Valley premature delivery case starts with hiring an obstetrician as well as a pediatric neurologist. These doctors will evaluate the case to determine whether there was a deviation from good and accepted medical standards of care and if that deviation caused harm or injury to the baby. If those criteria are met, the filing of the lawsuit occurs with the filing of a summons, complaint, and certificate of merit in the county where the injured party resides or where the doctor practices or resides.
Failure to Offer Bed Rest
An attorney could show that a doctor failed to offer bed rest to a mother when she was predisposed to premature labor through the medical records. If a doctor gives advice to the mother that she should be on bed rest, admitted to the hospital, or taking certain medications, that should be documented in the progress note. The doctor should write an office note detailing all of the instructions and advice that he gave the mother. If the doctor did not document in their note that they gave such advice, it would be difficult to prove that they gave the proper advice to the mother. If it is not written, it is hard to prove by the doctor.
How a Hudson Valley Premature Delivery Injury Attorney Could Help
If you believe you and your baby are victims of medical malpractice, a Hudson Valley premature delivery injury lawyer may be able to help. They know the right medical experts to prove the case and what criteria to look for. An experienced attorney could give you answers quickly once they evaluate the medical records and analyze the facts. Call today to schedule a consultation.