Clubfoot is one of the many congenital disabilities that can happen to your baby. It is when a baby’s foot or feet point either inward or downward.
Studies show that it can affect about one in 1,000 babies born each year and it may be difficult to prevent it. It affects baby boys twice as often as baby girls.
Among the possible causes of this defect is illegal drug use, cigarette smoking, and infection during pregnancy. Studies also show that clubfoot can be due to the use of antidepressants of the pregnant mother which was wrongfully prescribed by doctors.
The treatment for clubfoot must start as early as possible in the life of the baby. The procedure involves moving of the feet in its correct position with the use of ten casts, and it can last for up to three weeks. As soon as the doctors place the foot in its right position, the baby may need to wear a brace for three months.
During the entire treatment, the doctor will monitor the condition of the baby. This also means that the parents will need some cash to treat their babies. One way to compensate the situation and pay hospital bills is through filing a case to make the doctors liable regarding their malpractice or negligence if you suspect that the clubfoot, or any other foot defect, is a result of a doctor’s failure to provide adequate care.
In this article, we will discuss the things to consider if your baby has a foot defect after birth.
Establish The Doctor-Patient Relationship
The first thing to do is to establish that there is a ‘doctor-patient relationship’ between you and your doctor for your lawsuit to prosper. To do this, you must take note of the following:
● You can only file a case to the doctor who checked you on your pregnancy and your childbirth. You cannot submit a lawsuit to the other doctors present during your delivery which you don’t have any direct relationship with.
● Other medical professionals like psychologists, nurses, and even pharmacists can be liable for malpractice or negligence if you have given enough evidence to assume direct responsibility for your child.
Prove That Your Doctor Committed Medical Negligence Or Medical Malpractice
Medical malpractice or negligence in civil cases happens the moment your doctor deviated from the standard of care that they are expected to take. Doctors are not required to perform their best in their job. However, they are supposed to render their best skill and give reasonable care.
You have the burden of proving the doctor is responsible for your baby’s situation. You have to go to the court and show that your doctor has committed negligence or malpractice as opposed to what a more competent professional would do in the same situation.
Proving that your doctor caused the foot defect of your baby can give you a chance to win the case and claim damages in the end.
These are some of the things to take note of to prove your doctor’s medical malpractice or negligence:
● Consult with a skillful and reliable medical expert that has experience handling various cases of pregnancy and child delivery. They will help you establish that your doctor has committed an act of negligence which caused foot defect in your baby.
● Prove that the poor health and the foot condition of your baby is due to the medicines prescribed or the childbirth procedure.
● If you experienced any complications when you are pregnant, you might have difficulty proving in the court that your doctor must be held liable for your baby’s foot defect.
Hire A Lawyer
If you believe that you have a cause of action and you have enough evidence to prove your case, then you can now file a lawsuit in the court.
Your doctor will be invited by the court for the investigation to make him or her answer to the allegations you have against them. If proven guilty, he/she will be liable to pay for fines, damages, and the court could even suspend his/her license if the case is severe.
Consider hiring a lawyer to help you in the legal processes. Here are some of the tips how to do it:
● Hire lawyers that are experts in handling personal injury cases and have extensive experience in managing lawsuits regarding birth injuries like a foot defect. The laws each state abides by are different from one another and could sometimes be very complicated. Thus it is indeed a must to have competent legal aid.
● Select lawyers based on your budgetary requirements. You can do this by checking the official website of the law firm or paying a visit to their office to inquire.
● Lastly, choose a lawyer that gives you an opportunity to talk about your needs and makes you feel at-ease when it comes to negotiating. You must be comfortable talking with your lawyers so you can both agree upon the terms of your case.
You can also try to talk with your doctor or the hospital where your baby is born. Some medical professionals are willing to undo their mistakes or offer free operations instead of going to the court.
These are some of the tips on how can you mediate medical malpractice or negligence done by your doctor:
● Have a neutral party stand between you and your doctor or the hospital to act as a mediator and discuss regarding your case.
● Be open for negotiations but try to explain your side as well. Think win-win and always think of the things that are best for you and your baby.
You can also hire the services of a legal counsel during mediation proceedings but be sure to explain the terms you want to have.
If your baby is born with a clubfoot, you will need to spend a substantial amount of money to pay for hospitalization bills.
Take note that if your case becomes successful in the court, you can claim for compensation for the following damages:
● Present and future medical bills related to the defect incurred by the child
● Pain and suffering
● Actual costs for physical therapy
● Costs for permanent injury or disability
● Punitive damages
Seek help from a professional lawyer like the ones here if you’ve experienced complications with the birth of your baby.
In sum, clubfoot is a severe congenital disability which can affect the life of your baby and give pain to the family.
The causes of clubfoot are still unclear. It can be due to genes, environment, medicines used, or medical malpractice during childbirth.
If you think that your doctor is liable for your baby’s condition, then you must prove in court your cause of action and file a lawsuit.
To help you with the processes, you can hire the services of a lawyer. Choose a lawyer that you trust and that you can comfortably talk with regarding your terms.
Dianna Charles is a promising young law enthusiast that hopes to bring her youthful spirit in her field. She tries to add a refreshing modern take to topics on the legal world that people can learn from. Dianna enjoys her free time with friends and family, and loves to cook for them.