What is negligence in birth injury cases?
Negligence is a legal concept that occurs when someone does not take the proper care in any situation or circumstance that could reasonably be expected of them. In Arizona, negligence can also apply to birth injury cases. In these cases, negligence means that a medical provider, such as a doctor, nurse, or midwife, failed to provide a standard of care to the pregnant woman or baby that should have been provided, which caused a birth injury. For example, if a doctor did not properly monitor a baby’s heart rate during labor and delivery and the baby suffered an oxygen deprivation injury, the doctor could be found negligent. The doctor should have noticed the signs of distress in the baby and acted to ensure the baby’s safety. By not doing so, the doctor failed in their duty of care and may be held accountable through a birth injury lawsuit. Negligence in birth injury cases can also apply to the facility or hospital in which the delivery took place. If the facility had inadequate protocols or failed to provide the necessary staff or equipment to ensure a safe delivery, they may be held liable for any resulting injuries. In Arizona, birth injury claims are handled differently than other medical malpractice cases. It is important that victims of birth injury or their families contact a qualified birth injury attorney to understand their rights and potential legal options.
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