Medical Malpractice Cases in California: Understanding Prenatal Negligence
Prenatal care provided by health care specialists such as obstetricians and midwives is intended to ensure that pregnant women have the healthiest and safest delivery possible. Prenatal care, when done effectively, can be one of the most important reasons behind a healthy baby and a successful delivery. Effective and up-to-standard prenatal medical care involves avoiding risks and complications during the pregnancy. Although certain outcomes may be unavoidable, some outcomes may be the result of medical negligence.
Identifying Negligence in the Medical Field
When a mother or an infant suffers injuries as a result of negligence, they may have a claim for professional medical negligence against their physicians and hospital. Although filing a medical malpractice lawsuit cannot reverse the harm the infant or parents have suffered, it may award monetary damages to compensate for the harm caused.
In order to have a successful medical malpractice claim, particular facts must be established:
- The medical care provider owed the injured person(s) a duty of care;
- The medical care provider breached the duty of care through a negligent act or omission; and
- The medical care provider’s negligence was a substantial factor in causing the injury.
A medical provider becomes negligent when he or she has failed to act in a reasonably similar manner as another medical specialist would in a similar situation.
Medical Malpractice in a Prenatal Setting
When it comes to prenatal medical care, medical professionals are expected to provide proper care and treatment throughout the pregnancy which may include:
- Assessing the patient’s background and medical history,
- Assessing the patient’s medical records for risks and complications,
- Ensuring the proper medical exams are conducted timely throughout the pregnancy,
- Maintaining proper documentation of the patient’s visits and medical history,
- Supervising the patient for arising complications,
- Treating complications,
- Making proper genetic assessments,
- Making other assessments that help to identify potential complications and/or risks, and
- Reasonably educating the mother on risks, complications and alternative treatment plans.
Filing a Medical Malpractice Lawsuit For Prenatal Negligence
Medical negligence may occur when a medical caregiver fails to meet the reasonable standard of care in the prenatal treatment. However, prenatal negligence is a complex and difficult matter. An in-depth review of the patient’s medical records is necessary by an attorney and medical examiner. As a result, it is imperative to seek the experienced support of a qualified medical malpractice attorney.
The attorneys at the Knez Law Group, LLP. are highly skilled in the field of medical malpractice cases in the State of California. They are dedicated to helping victims of medical negligence obtain the financial compensation they deserve. Medical malpractice cases in the State of California are subject to strict time limitations. If you or your newborn have suffered harm as a result of medical negligence, speak to a qualified attorney as soon as possible.
Matthew J. Knez graduated from the University of Redlands in California where he earned a Bachelor of Arts degree in Creative Writing. He went on to pursue his Law Degree at the University of LaVerne, College of Law in Ontario, California. While pursuing his law degree he earned various awards, including CALI Award in Torts and he was on the Dean’s List. Mr. Knez was also a member of the Justice and Immigration Clinic where he worked with people seeking asylum into the United States from countries where they had experienced persecution or threat of persecution. Additionally, Mr. Knez was a member of Law Review where he was an Associate Editor and published a Law Review article on California family custody move-away cases.