What is a birth asphyxia lawsuit?
A birth asphyxia lawsuit is a legal action that is taken when a baby is injured due to lack of oxygen during labor, delivery, or shortly after birth. The injury occurs when the baby’s brain or other organs do not receive enough oxygen. This deprivation of oxygen can cause the baby to experience a lack of oxygen to the brain, bleeding in the brain, seizures, and other serious medical conditions. In Delaware, a birth asphyxia lawsuit is classified as a medical malpractice suit. Birth asphyxia can be directly linked to medical negligence. To win a lawsuit, the plaintiff (the injured party) must prove that the attending physician or medical staff failed to provide the expected standard of care. This means that the medical professional did not live up to the expected level of care that someone in their profession should provide. In other words, they did not provide the same care that any other qualified physician would have provided. If a medical malpractice case is successfully brought to court, the injured party may be eligible for compensation for pain and suffering, medical expenses, lost wages, and other compensation related to the injury. As with any lawsuit, it is important to consult with a qualified Delaware birth injury lawyer that can help guide you through the legal process.
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