Birth injury case provides example of courtroom tactics
Venue selection is one legal battle that can play a role in birth injury cases.
A mother from California is suing the obstetrician, nurse and medical facility responsible for her care while delivering a son. The mother states the physician provided negligent obstetrical and gynecological care and that this negligence resulted in permanent neurological and physical injuries her infant suffered during the labor and delivery process.
Unfortunately, stories like this are not uncommon. Birth injuries, or physical injuries sustained by the infant during the labor and delivery process, occur on a regular basis. These injuries can result from conditions that contribute to a difficult birth, such as the size or position of the baby, placental irregularities, or a premature delivery. They can also result from poor medical care. Victims of poor medical care can hold the negligent medical professional liable for any resulting injuries through a personal injury lawsuit.
What are some examples of negligent medical care? Improper medical care can include poor prenatal care or mismanagement during the delivery process. Medical professionals are expected to monitor both the mother and fetus’ health during the labor process. Certain signs, such as reduction or irregularities in the fetal heart rate, can trigger the need for intervention. A mother or child can become injured if a medical professional does not intervene when needed. A failure to intervene could support a claim against a medical professional or facility.
How does a victim of medical negligence pursue a birth injury claim? First, it is wise to seek legal counsel to review the case. If actionable, the case will proceed. Victims and defendants can use various legal strategies when moving forward with the case. One involves venue selection. Venue is a legal term that refers to the court used to handle the lawsuit. The case noted above is unusual in that it currently is going through a venue battle. The victim filed suit in a state court, but the defendants have filed with the court to move the case to a different location.
The physician has filed a request to remove the case from state court to federal court because the physician in question is an employee of a federally supported health center. The Federal Tort Claims Act and the Federally Supported Health Centers Assistance Act require those centers and their employees be sued in federal court.
Though unusual, this provides an important example of the complex nature of these cases. A medical malpractice lawsuit can take time and knowledge of the law to navigate. As such, anyone that is injured due the medical negligence of a physician or other medical professional is wise to seek legal counsel. An attorney experienced in these matters can review your claim and discuss how the process will likely unfold. This can help reduce the risk of any surprises while the case proceeds.