A valid premature delivery case requires every that other malpractice cases do. They demand an expert review with a certification that malpractice occurred, specific notice with HIPAA-compliant medical authorizations sent to every potential defendant with technical requirements, and a complaint to be filed in the local circuit court in Chattanooga.
If you or a loved one were injured after a premature delivery, reach out to an accomplished lawyer. Our experienced attorneys could help you with establishing negligence in a Chattanooga premature delivery case. By proving liability, you could recover the compensation that you deserve.
Proving Malpractice in a Premature Delivery Case
To establish negligence in a Chattanooga premature delivery case, a lawyer has to show that the defendant failed to meet the standard of care. The defendant could be a doctor, hospital, or another type of medical professional. This means that the medical professional failed to do something that a reasonably careful medical professional would have done or done something that was less safe than a reasonably careful medical professional would have done.
There is an unlimited number of factors that may be used to prove that premature delivery constitutes malpractice. It varies from case to case, but the central aspect that one should look at is what the doctor failed to do or failed to do adequately. The medical professional may have failed to order bed rest, prescribed medication, or explain how important the bed rest is and exactly how to do it. Also, there could be a failure to pay close attention or do the proper exam.
When reviewing a case, a well-versed lawyer could determine where the negligence occurred and how to prove liability.
Failing to Offer Bed Rest
Failing to offer bed rest in one of the most common causes of negligence in a premature delivery case. However, a doctor may testify that they did offer bed rest. The way to prove this is with the testimony of the claimant and an eye witness. This is why it is often helpful for an individual to have someone with her. This way, an attorney could have two people who can testify as to what the doctor said. A lawyer could also look at the doctor’s records, as well.
Did the doctor write down that he or she recommended bed rest? Did he or she give the patient anything instructing bed rest? Did he or she give the mother a note? Did the doctor give the mother an informational brochure explaining exactly what bed rest is and exactly how to make bed rest successful? If the doctor did not do any of those things, then an attorney could create a strong case that the doctor did not order bed rest even though he or she may later testify that he or she did.
A Chattanooga Lawyer Could Help Establish Negligence in a Premature Delivery Case
An experienced lawyer should take all of the worries of a legal nature off the claimant. An attorney should be able to put your mind at ease so that you can focus on your health and the health of the child. Our dedicated lawyers could help you recover damages after establishing negligence in a Chattanooga premature delivery case.