Understanding the Difference Between a “Natural Complication” and Oregon Medical Malpractice, Explained by our Portland Birth Injury Lawyers
It goes without saying that the birthing process is a very complicated process. Not only is it filled with stress and worry, but it can also be filled with many pitfalls for disaster. Luckily, many people rely on healthcare providers who are well-trained and experienced to help families through the birthing process. This means that they can help prepare a mother for labor, guide her through labor by controlling pain and contractions, and help facilitate the healthy arrival of a newborn through the birth canal. Usually, this process goes well. However, unfortunately a baby may suffer serious or catastrophically medical malpractice. But when this happens, a doctor is quick to blame the natural complications of birth. How can you tell the difference between a “natural complication” and Oregon medical malpractice?
The short answer is, unless you are a healthcare provider in the OB/GYN field or a Portland birth injury lawyer, you probably cannot tell the difference.
This is because many healthcare providers will lie about their mistakes and errors if it could have caused a birth injury. This is especially true if the birth injury is significant like brachial plexus injuries, cerebral palsy, or other damage caused by hypoxic ischemic encephalopathy (HIE). That is due to the obvious fact that catastrophic birth injuries likely lead to considerable judgments or settlements to pay for pain and suffering, lost wages, lost future earnings, medical bills, and other damages that an infant may suffer.
What are true Natural Complications?
There are many real natural complications that a mother or child may unfortunately suffer. This includes some unavoidable and truly disastrous conditions. Some common examples include the following:
- Genetic defects
- Developmental abnormalities
- Drug or alcohol damage to a fetus
- Drug or alcohol dependency, tolerance, or withdrawal to a fetus or newborn
- Nicotine use during pregnancy could cause hypoxic injury
- Trauma during the pregnancy, such as falling down or in a car accident
- Heart attack or unknown, unforeseeable trauma to a mother or child, and
- Other types of complications.
What are NOT truly Natural Complications?
Healthcare providers will try to blame all of the reasons above, and many more. Some of the most common conditions that doctors will also try to blame as a natural complication when it really is not include some conditions which should have been evaluated and tested for during the pregnancy that could have been avoided. Some of the most common forms of medical malpractice that doctors improperly blame on natural complications include the following:
- Pre-eclampsia or eclampsia – this most be monitored and checked constantly
- High blood pressure
- Gestational diabetes
- Excessive contractions
- The presence of STDs/STIs
- Scar tissue from previous births
- Large baby and narrow or small pelvis
- Traumatic injuries to the hips, uterus, or birthing canal (i.e., prior car accidents)
- Fetal complications, and
- Many other common causes.
Why You Need Portland Birth Injury Lawyers to Review Your Oregon Medical Malpractice Claim
These conditions above that are not natural complications may also be spun to be natural complications in the event of serious medical errors. It is important to realize that victims and their families need to have a lawyer review their case. Even natural complications could have been identified, evaluated, and either treated or alternative methods could have been handled. This would have allowed for these natural complications to be avoided.
The failure to identify and treat these natural conditions which cause the natural complications with childbirth that doctors like to hide because are simply likely to be Oregon medical malpractice. In fact, many times the proper care of a doctor or healthcare provider, including nurses, technicians, and other providers could have avoided any damage from these conditions.
This means that the damages to a mother and/or newborn could have been completely avoided with the proper care and treatment required of a healthcare provider. This is not calling for super-care or treatment, just normal care and treatment that a reasonably prudent healthcare provider in similar circumstances, with similar experiences, training, skill, and in a similar locality would have rendered. This is the standard of medical malpractice, and you may not be able not identify this without an experienced lawyer and a healthcare provider.
What is even better is that your Portland birth injury lawyer will also have to hire a medical expert to review the case and opine whether or not there was medical malpractice. This means hiring a lawyer gets you two experts, but you only pay for one—and you only pay for one, after you recovery money in a settlement or jury award. This is because our lawyer handles cases on a contingency fee agreement which means there is no upfront financial risk for a victim.
Ask Our Portland Birth Injury Lawyer for Help with Any Cases
If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law.