No one dreams of going through a miscarriage. But it may happen. The victim may be heartbroken, mainly if the reason for miscarriage was due to negligence.
If you or your loved one has a miscarriage, you want to dig into the issue to find whether the reason could emanate from negligence.
Where negligence is involved, you may file a medical malpractice claim.
Miscarriage Due To Medical Negligence
According to Mayo clinic, miscarriage is an unexpected loss of pregnancy. This usually happens before the pregnancy reaches the 20th week.
Sadly, many miscarriages occur even before one knows they are pregnant. Miscarriage happens because a fetus never developed as expected. It could also be because something went wrong, such a being involved in a car accident, or slip and fall accident, among others. There are many signs to show one has a miscarriage. They include:
- Vaginal spotting
- Pain in the abdomen or the lower back
- Fetal tissues from the vagina
Not every miscarriage leads to negligence. If you have a case, you can hire lawyers in Anchorage in Ak to help determine whether you may have a claim.
Where there is a case, one main concern would be establishing liability to enable you file a claim.
To file a claim, you must demonstrate why you think the miscarriage was caused by negligence. There are many causes of miscarriage. They include:
- Genetics or chromosomes:This could be a result of a certain abnormality inherited from either the mother or the father of the fetus.
- Mother’s health conditions:In most cases, a miscarriage may happen because the mother is ill. For instance, one with uncontrolled diabetes or has infections. In such a case, if a doctor fails to detect the mother’s health condition, this could lead to a birth-related injury claim. A hospital, doctor, or any other healthcare professional, may fail to use reasonable care, which may lead to the mother’s miscarriage during pregnancy.
- Use of alcohol or drugs:Women who smoke or take drugs while pregnant have a high risk of miscarriage compared to non-smokers.
For such reasons, one cannot file a claim.
When a pregnant woman goes for prenatal clinics, a doctor or whoever is offering medical care should conduct a proper test to detect any issue.
If you think you have a claim, make sure to retain any appropriate records related to the case.
Look For A Medical Malpractice Lawyer
It’s hard to go through a miscarriage. The situation becomes more hectic when one is to deal with the issue of negligence. Mostly, women who miscarry undergo emotional trauma. That’s why it’s vital to get financial compensation.
Getting a medical lawyer would help because you will get the best medical care you need as you move along with your case.
Miscarriage cases compensation depends on the circumstances of each case. Thus, you need a lawyer who is tailored to what you specifically need.
Remember you have to be in line with the deadline for filing your claim. According to Alaska medical malpractice laws, you have two years to file your claim. The time should start from when you learn of your injury.
Some issues may lead to miscarriage without negligence. But if a medical professional overlooked signs of miscarriage when conducting tests or could have misdiagnosed a problem, this automatically leads to a claim.
Filing a claim when the two years have passed means that your claim may be denied.
For your claim, you will need to prove that:
- Your doctor failed to provide the proper medical standard of care: Here, you will need to argue out what another competent doctor or health care provider would have done, given the situation.
- Your health care provider failure to provide care as per the medical standard led to your miscarriage:For instance, you can prove that your doctor never monitored your blood pressure during the first trimester, which led to the miscarriage.
If your case is successful, you will get your past and future medical expenses, any lost wages or income, among other damages.
If your case is justified, your lawyer will investigate it and come up with your losses due to the avoidable miscarriage.
Note that whatever damages to receive may be capped on your general damages such as pain and suffering.
Your lawyer can better explain whether your damages will be capped.
A medical malpractice lawyer who has dealt with such cases understands the seriousness of dealing with a miscarriage. Such a lawyer can guide you in every step of making a successful claim by working alongside medical malpractice experts for the best case outcome.
If you have any questions, you can have a free case evaluation which is absolutely free. From this, you will have a clue of how your case will proceed and how much it’s likely to fetch.