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Medical malpractice: Important information for Arizona parents

When a woman enters an Arizona hospital to give birth, she can reasonably expect that her entire medical team will adhere accepted safety protocol to help her and her baby navigate labor, delivery and recovery in as safe and healthy a manner as possible. A pregnant woman will have hopefully been attending prenatal care appointments throughout her pregnancy. Such appointments can help doctors, nurses, midwives and other care providers spot potential risks to mothers and their unborn children. Sadly, there are a number of of birth injuries in this country every year, many of which lead to medical malpractice lawsuits.

A strong support network from the start is a key to safe birth for both mothers and babies. Such a network includes many people and entities other than the attending obstetrician. Hospital administrators, lab technicians, anesthesiologists, pharmaceutical companies and others all may play significant roles in the care of a pregnant woman and her baby.

There is always an inherent risk in any medical procedure. This does not negate the fact, however, that a hospital is responsible for patient safety in several ways, such as making sure there are a certain number of registered nurses on duty or that a hospital employee is following orders from the private physician of a particular patient. In short, a hospital may be financially responsible for failing to protect a patient from injury.

Many birth injuries result in long-term or lifelong disabilities. For instance, if a baby's brain is deprived of oxygen, permanent injury may result. Arizona law provides recourse for parents to act on behalf of their injured infants to seek justice in civil court by filing a medical malpractice claim. The plaintiff in such a case is tasked with proving that the defendant was negligent, and that the negligence directly caused a birth injury. Proving such a claim is challenging, which is why most parents rely on experienced legal representation in court.

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Ortega Law Firm | 361 East Coronado Road, Suite 101, | Phoenix, AZ 85004-1525 | Phone: 480-582-0981 | Map & Directions