The cases of premature baby birth, mentally retarded babies and other defects can be directly traced to the medical malpractice at the maternity nursing homes. Many of the gynecologists and doctors involved in the case tend to get away without having to pay the compensation, due to the ignorance of the patients. If you or any of your close ones have had such experiences in the recent past, you can opt for filing lawsuit against the accused person(s) and the maternity care hospitals. For this you need to contact an expert personal injury lawyer dealing in pregnancy and postnatal cases of medical malpractice.
Evaluation of Diagnosis, Tests and Scans
The investigation starts from the stages of diagnosis, tests and scans which you underwent during the medication and treatment procedures. The symptoms of side effects are attributed to the mistakes in these stages.
- The scanning reports generated during the pregnancy from the first month till the date of stated injury are cross examined by your personal injury lawyer with the help of an independent gynecologist / medical expert.
- The investigation spans into your reports of blood tests, tissue culturing and other tests conducted. At each stage the specialist compares the symptoms and the causes with the effectiveness of the generated reports.
Advanced Analysis of Medicines
The samples of all the medicines, injections and other forms of medication are analyzed by the independent medical experts. A detailed report is prepared and submitted to your lawyer. Once he gets access these reports, he will be able to prepare an official document which contains all the causes of malpractices. The document also contains details of the claims on compensations. This is submitted to the court of law with your explicit consent.
Parameters Considered for Compensation
- Extent of personal damages to the pregnant mother and the baby in the womb are the primary criteria. This will be evaluated by the medical specialist and the lawyer.
- The cost of medication/ treatment / surgery you had to undergo to rectify the effects of mistakes made by your previous doctor and medical staff.
- The extent of physical and psychological trauma you had to undergo during this period and after.
- Other probable points included after discussion with you and the medical specialist.
Trial and Judgment
The probability of getting the judgment in your favor depends on the strength of evidences and witnesses, the presentation method followed by your personal injury lawyer, strength and relevance of evidences and witnesses produced by the defendants and finally the power of your lawyer in disproving the authenticity of evidences and witnesses produced by the defendant.
In many cases the trials are extended over many days and weeks. During this time your lawyer will require many things which can strengthen your case. You should be able to cooperate with your lawyer in gathering these elements. For this you need to allocate a part of your everyday life. The extent of your cooperation can help the personal injury lawyer in proceeding ahead faster.