What is standard of care?

Standard of care can be defined as how a reasonably competent medical professional or hospital would treat a certain type of patient or condition under the same or similar circumstances. Medical professionals receive a great deal of training and should have extensive knowledge regarding various medical conditions and treatments. In caring for patients, they must…

What is informed consent?

Law and medical ethics dictate that medical professionals must obtain informed consent from their patients before beginning a treatment or procedure. Informed consent is based on 1) the patient understanding their treatment options and 2) the patient making a free choice. This requirement is meant to protect patients against unwanted medical interventions and to ensure…

I had prenatal care at a federally-funded clinic/community health clinic and my child had a birth injury. Can I pursue a case?

Just because a clinic or health center is federally funded doesn’t necessarily mean you can’t pursue a case. Free clinics and tribal clinics, for example, are covered under the Federal Tort Claims Act (FTCA), which means that those treated there have recourse to justice, even though the path to pursuing a case may differ slightly….

My baby had a birth injury at a military hospital. Can I pursue a case?

In many cases, yes. Although many government institutions have immunity from malpractice lawsuits, the Federal Tort Claims Act (FTCA) allows individuals to seek justice, provided that they are not active servicemembers at the time of the injury. Often, those who pursue military hospital medical malpractice cases are the spouses or dependents of the active servicemember. This can…

I remember signing a consent form. Does that mean I have no basis for a lawsuit?

Signing a consent form does not necessarily prevent you from pursuing a medical malpractice lawsuit. Sometimes the forms that patients sign are simply consent forms agreeing to treatment. Others prove that medical professionals told patients about certain risks, treatments, or procedures. These consent forms do not allow doctors, nurses, or other medical personnel to provide negligent…

What experts are consulted during a birth injury case?

The number and type of experts that are retained for a birth injury case depends on the nature and severity of the injuries sustained. Generally, the birth injury team at Reiter & Walsh, P.C. will consult with a number of expert witnesses including obstetricians, perinatologists, high-risk obstetricians (called maternal-fetal doctors), pediatric neurologists, neuropsychologists, physical therapy…