Nobody ever goes into their doctor’s office expecting them to make a mistake or harm you. However, that is exactly what happens to hundreds of thousands of people each year. There is no single reliable source that is used to gather medical malpractice statistics. However, one study from Johns Hopkins found that an estimated 250,000 people die every year because of medical mistakes. Other studies cite that number being as high as nearly double that. If you have been injured because of the negligence of your doctor, you might be eligible to file a medical malpractice case to help recoup some of your losses. In many cases, your attorney will utilize expert witnesses in various ways to gather information for the case and to help prove your point in court.

Requirements for Expert Witnesses

If you want to call an expert witness to testify during parts of your case, you will have to make sure that they are credible. You cannot just call up any person to testify for you -- they must meet certain requirements. According to the Illinois Code of Civil Procedure, in any case that brings into question the standard of care of a medical professional, there are a specific set of criteria that must be met before a witness qualifies as an expert witness and can testify as such in court.

When determining whether or not a person can testify in court as an expert witness, the court must consider:

The birth of a new baby should be one of the most joyous days of a parent’s life. Unfortunately, some births are wrought with anxiety. If your baby suffered a birth injury during pregnancy, labor, or delivery, it is possible that this birth injury will cause lifelong medical concerns. Cerebral palsy is a condition that has been linked to substandard medical care during a child’s birth. If your child has cerebral palsy, it is possible that an avoidable birth injury may be to blame.

What Causes Cerebral Palsy?

Cerebral palsy can lead to profound physical and cognitive limitations. Muscle spasticity and rigidity, involuntary movements, difficulty walking, problems eating, and hearing and vision impairments are all known symptoms of this condition. There is still much about cerebral palsy that doctors do not understand. The condition is caused by abnormal development of the brain. Some children are born with the condition while others acquire the condition after suffering damage to the brain.

What Types of Medical Mistakes Can Lead to Cerebral Palsy?

Fetal stroke and lack of oxygen to an infant’s brain are two birth injuries that may cause a child to develop cerebral palsy. Fetal stroke occurs when blood vessels in the baby’s brain are blocked or damaged. This results in reduced blood flow to the baby’s brain tissue. Birth trauma and lack of proper medical care during pregnancy and birth may result in an avoidable fetal or perinatal stroke.

Medical professionals attend years of rigorous schooling before they are licensed to practice medicine. They learn about thousands of medical conditions and the signs and symptoms of those conditions so that they can properly diagnose patients. However, doctors cannot always provide an immediate diagnosis. If a doctor fails to provide a diagnosis or misdiagnoses a patient, is he or she guilty of medical negligence? Does the patient have a right to compensation through a medical malpractice lawsuit? As with most personal injury matters, the answer depends on a variety of factors.

Delayed Diagnosis or Misdiagnosis of an Illness, Disease, or Other Medical Condition  

When we visit a doctor or medical specialist, we expect to receive answers. We need to know what condition is ailing us so that we can get the proper treatment. In many cases, the sooner a patient can start receiving treatment, the greater his or her chance of recovery. This is especially true of illnesses like cancer and heart disease. If a doctor does not diagnose a patient or diagnoses the patient with the wrong condition, that patient will not receive the potentially life-save medical care he or she needs.

Elements of Medical Malpractice

A doctor or other medical worker is not automatically guilty of medical malpractice if he or she fails to diagnose a patient’s condition properly. Malpractice occurs when the following components are present:

Cesarean sections or “c-sections” are used as an alternative to vaginal birth. Some individuals choose to have a c-section for personal or medical reasons while others are forced to under c-section delivery due to medical complications. Doctors, surgeons, and other medical professionals must use extreme caution during a c-section. Any mistake or oversight has the potential to harm the mother or the newborn baby. Sadly, some c-section errors are fatal. If you or a loved one were the victim of a surgical mistake during a c-section, you may be able to hold the surgeon or other at-fault parties accountable through a medical malpractice claim.

Examples of Medical Negligence During a C-Section

Medical negligence occurs when a surgeon or other medical professional fails to act as a reasonably prudent medical professional in the same situation would act. If a medical professional’s negligence causes a patient to be injured or killed, that doctor may be liable for damages.

Some examples of C-section surgical errors that may constitute medical negligence include:

Every parent hopes for a problem-free pregnancy and birth. Sadly, this is not always the case. Doctors are trained not only to treat medical conditions, but they are also trained to recognize the risk factors for medical complications that can harm a mother or baby. Many birth injuries are caused by pre-existing medical issues. When a doctor or other medical professional fails to properly diagnose a medical problem, the mother or the baby can suffer dire consequences.

Failure to Diagnose Maternal Infection

The first step in preventing complications during a child’s birth is ensuring that the mother receives proper healthcare during pregnancy. Diagnostic errors during a mother’s pregnancy, labor, or delivery can lead to birth injuries and even fetal death. Failure to diagnose maternal infections is an especially dangerous mistake. Rubella, hepatitis B, syphilis, chickenpox, and toxoplasmosis can cause serious or even deadly injuries to an unborn child. A mother with an undiagnosed infection may give birth to a child who suffers hearing and vision problems, intellectual disabilities, and other problems for the rest of his or her life. Sadly, many infants who suffer birth injuries due to undiagnosed maternal infections do not survive. Early detection is often key to preventing severe complications from infections. Many maternal infections can be mitigated through vaccines, antibiotic medications, and other medical interventions.

Failure to Diagnose Risk Factors Such as Preeclampsia

There are known risk factors that greatly increase the chances of complications during a child’s birth. Doctors who are aware of these risk factors can take the appropriate medical actions to prevent or reduce the harm caused by these risk factors. Preeclampsia, or abnormally high blood pressure and urine proteins, occurs in about eight percent of pregnancies. Preeclampsia can cause placental abruption, placental insufficiency, hypoxic-ischemic encephalopathy, and other serious complications during birth. In many cases, a mother suffering from preeclampsia will need an emergency C-section. When doctors neglect to properly monitor a mother or a fetus before and during birth they are not prepared for the complications that may arise. This can lead to delayed treatment and other forms of medical negligence.