Pregnancy is a risk and so is childbirth. Childbirth is so risky that it killed a third of all expectant mothers before the advent of modern medicine and medical practices in the early 20th century. Therefore, the doctors and nurses who assist mothers giving birth have an extraordinary and special duty of protecting their lives. Unfortunately, these medical professionals sometimes breach this duty. Mothers and sometimes even their newborns can sustain substantial injuries and sometimes even die because of this. If you have ever been in this situation, you may be relieved to hear that you can hire a personal injury lawyer in Monterey Park and sue the hospital for malpractice.
What evidence do you need to file this type of malpractice lawsuit?
Obviously, you and your lawyer must be able to prove that the doctors’ and or nurses’ negligent actions caused your and/or your newborn’s injuries. You prove this with tangible evidence. Some forms of admissible evidence include medical records, witness testimony, photos. While many mistakes occur during childbirth, some of the more common ones are:
● C-section mistakes. These types of mistakes can cause the mother excessive scarring and infections. They can also be in pain for an extremely long period of time.
● Anesthesia mistakes – if the doctor goofs up in giving the epidural, the mother can suffer from a seizure that could potentially result in permanent brain damage.
● Preeclampsia – this occurs both before and after childbirth. It is essentially dangerously high blood pressure. Doctors are supposed to monitor expectant mothers and continue monitoring them for this for a period of time after they give birth. Failure to do so could result in potentially disabling seizures.
Some injuries include pain and suffering
Not all mothers suffer from physical injuries after childbirth. Many mothers end up with postpartum depression for up to a year after childbirth. This is caused by traumatic events that occurred during labor and delivery. You could hire a personal injury lawyer if you believe that doctors’ negligence caused your postpartum depression.
It’s a good idea to keep records and receipts of all hospital-related expenses. You’ll need them if you win your personal injury lawsuit. Examples of these records include:
● Medical expenses
● Pain and suffering
● Lost wages
● Counseling expenses
How long do you have to file your claim?
Canada’s personal injury statute of limitations gives you 2 years from the discovery of your personal injury to file a lawsuit or claim. The court will often consider the date the injury occurred as the beginning of the statute of limitations which will run out on two years after the day. However, you and your lawyer can still file a claim and argue why you were not aware of the statute of limitations, if the date is after the 2-year limit.
You can win against the hospital
Many new mothers are reluctant to sue the hospital viewing themselves as going up against an institution. Thus, if you have the right lawyer, it is possible for new mothers to win a personal injury settlement against the hospital.