Idaho Law Blog

Medical malpractice birth injury lawyer and attorney services are provided by Mahoney Law throughout Idaho.  If you or a loved one has experienced problems with labor and delivery resulting in injury to the newborn baby, we may be able to help.  Medical malpractice in labor and delivery takes many forms.  First, there can actually be medical malpractice by the doctor, nurses, midwife, or hospital in the prenatal phase of pregnancy that harms the fetus leading to a birth injury or, sadly, even death.  Second, there can be medical malpractice during the labor committed by the doctor, nurses, midwife, or hospital that causes injury or death to the unborn baby.  Third, there can be medical malpractice during the delivery itself that harms the baby, sometimes in the form of traumatic injury or in the form of ischemic or anoxic injury from a lack of blood flow or oxygen to the baby.  Fourth, there can also be medical malpractice in the post-natal phase, either in the NICU or in the newborn nursery that results in preventable harm to the newborn.  As birth, labor, and delivery medical malpractice attorneys, we review the prenatal records, the labor and delivery records, and the neonatal records for signs of malpractice.  We analyze the health of the fetus and the mother as the process unfolded.  We understand the physiology of the baby and the mother during labor and delivery and how signs of trouble are supposed to be monitored by the healthcare providers.  As medical malpractice birth lawyers, we investigate cases with the help of highly qualified experts to determine if, in certain cases, a cesarean section needed to be done in a timely manner, the failure to perform which may have resulted in preventable brain injury to the baby.  Please reach out to us here at Mahoney Law if you would like us to professionally and confidentially review a potential labor and delivery birth related medical malpractice case.  

 

Here are some key details and quick facts on birth related medical malpractice cases in Idaho. The time deadline, known as the “statute of limitations,” is usually two (2) years from the date of the malpractice.This deadline is different with minor children who, in a case wherein the negligence was at birth, may have up to eight (8) years depending on the situation, however the parents still usually only have two (2) years within which to take legal action on a labor and delivery malpractice claim.  Also, Idaho statutes require that certain paperwork be filed with the Idaho Board of Medicine before a lawsuit is filed, called a prelitigation screening panel application.  If there is a governmental entity involved, such as a county hospital for example, Idaho law may require that a “notice of tort claim” be filed within 180 days; this may be longer with minor children.  The deadlines in each case are specific and you should consult legal counsel if you would like to explore bringing a labor and delivery related medical malpractice claim.

 

Another important part of a labor and delivery medical malpractice case is for the attorney to prove that the healthcare provider violated the applicable standard of care.  The medical malpractice lawyer in a labor and delivery case must comply with Idaho Code Section 6-1012 and 6-1013 with respect to expert testimony to show that the defendant was negligent and perhaps even reckless in rendering care or in failing to render care.  Mahoney Law, PLLC of Idaho works with high level experts in evaluating birth injury cases.     

There are many different types of labor and delivery birth medical malpractice claims that a qualified medical malpractice lawyer and attorney may help you with.  Some examples are: 

--lack of oxygen during labor and/or at birth

--lack of blood flow during labor and/or at birth

--hypoxic ischemic encephalopathy (HIE)

--shoulder dystocia

--forceps injury or trauma

--vacuum injury or trauma

--injuries in the NICU

--improper fetal heart rate monitoring

--improper use of Pitocin or other labor inducing drugs

--placental abruption and other placental complication

--umbilical cord complications 

--failure to perform a timely cesarean section

--doctor labor and delivery medical malpractice 

--nurse labor and delivery medical malpractice

--midwife labor and delivery malpractice

--hospital labor and delivery medical malpractice

--neonatal resuscitation team medical malpractice 

 

Here are some answers to common questions on medical malpractice birth injury and labor and delivery cases.  Is medical malpractice difficult to prove?  Sometimes yes, sometimes no.  Your medical malpractice birth injury labor and delivery lawyer will first review your situation to see if a birth injury or labor and delivery lawsuit is warranted.  How much is a medical malpractice lawsuit worth?  This varies greatly depending on how strong the case is on liability, i.e., on proving the care provider was negligent and committed malpractice.  This also varies greatly depending on the significance of the harms and losses suffered by the patient.  In the final analysis, if a case does not settle, the jury gets to decide based on the law as instructed by the court.  What is considered medical malpractice?   Medical malpractice, including in the childbirth labor and delivery context, is a healthcare provider’s failure to meet the applicable standard of care.  Can you file a medical malpractice case without a lawyer?  The answer is yes, with a huge “but.”  But, it is highly unadvisable.  Medical malpractice cases are complex and time consuming, particularly child birth labor and delivery birth injury cases, so going it alone is not advisable.  It is best to have a birth case lawyer review your case for an accurate attorney evaluation.

 

The Process of a Birth Labor & Delivery Medical Malpractice Case:  While each birth injury case is unique and requires personalized time and attention, there are some basic, general steps that apply in most cases:

 

Step 1: Initial Consultation — No Charge, No Obligation

  • You tell us what happened during the pregnancy, labor, delivery, and in the hospital after delivery.

 

Step 2: We Gather & Analyze Medical Records

  • Next, we gather all of the medical records from the pregnancy, labor, delivery, and subsequent hospitalizations.
  • We review and analyze the pre-natal records, the ultrasounds, the fetal heart rate monitor strip, the doctor’s progress notes, the nurse’s labor and delivery notes, and the hospital records.

 

Step 3: Expert Review

  • We pay, at our expense to have medical experts (doctors and nurses) review the case to determine if the case has merit

 

Step 4: We Advise You Of Our Findings

 

Step 5: If The Case Has Merit

  • In meritorious cases, we next proceed to make a medical malpractice claim against the doctors, nurses, hospital, and/or other responsible healthcare providers. Often, this involves filing certain paperwork with the state board of medicine and then filing a lawsuit.
  • Once a lawsuit is filed, we proceed to use the formal discovery process to learn all the necessary factual information.
  • Then, if the opposing side will not settle, we proceed to try the case to a jury.

 

How Long Does All This Take?

 A birth injury medical malpractice case is a very serious, time-consuming process. Anyone who tries to tell you otherwise is not being honest – there is no such thing as a “quick settlement” with these cases. In order to obtain the maximum amount of money damages possible, we must perform a thorough evaluation and workup of your case. If the case proceeds to litigation, that can be very time consuming as well. But, if you think of the lifetime of disability and impairment that a family will live with as a result of the medical malpractice, the time it takes to properly obtain the money damages to which the family and child are rightfully entitled is relatively short.

 

How do I hire a lawyer for a medical malpractice case?  How do I retain an attorney to review a labor and delivery lawsuit?  What is the process for having a law firm evaluate a birth injury case?  These are frequently asked questions as to medical malpractice in terms of reaching out to a lawyer on a childbirth case.  The first step is easy, simply call or email us.  We will carefully and attentively listen to the facts of your situation.  We understand that most people have never had to speak with a lawyer or hire an attorney before and that it can be intimidating.  Again, simply call or email us and we will evaluate your situation free of charge and totally confidentially.  Sometimes, we can tell right away if there is a potential case or if the caller would be better off going a different direction.  If we think there might be a claim, we will either gather the medical records ourselves or have you obtain them for us.  Again, this is free of charge and confidential.  If we need to, we will also consult with experts.  If we think there is a case and would like to take on representation, we will enter into a clear, concise, easily understood written agreement that sets forth our contingency fee compensation and the like whereby there are no attorney fees unless we win by settlement or verdict and then our compensation is a percentage of the monetary recovery.  We do not pressure you to sign anything and welcome questions and concerns.  If you or a loved one think there may have been malpractice as to childbirth, labor, delivery, neonatal resuscitation, in the NICU, or otherwise, please do reach out to us – we are understanding, compassionate, and, above all, we listen.  

The 2020 edition of Mountain States Super Lawers is published and out.  We are pleased that Idaho attorney Patrick Mahoney has once again been named as a top medical malpractice lawyer by this exclusive, recognized publication based on peer nomination.  For all your medical malpractice legal needs, contact Mahoney Law PLLC at (208) 345-6364.  We handle all types of medical malpractice cases.  

OSHA has cited and fined the meat packing plant in Kuna, Idaho where a worker died recently.  The facility had previously been cited for lack of proper machine related safety procedures.  The plant is owned by Darling Ingrediants out of Irving Texas.  

Mahoney Law is Idaho's Product Liability and Wrongful Death Law Firm.

The Washington Post is reporting that Life Care Center nursing home of Kirkland, Washington has been cited by regulatory authorities for failing to timely report information concerning the fatal coronavirus outbreak that swept through its nursing home care facility starting in February of 2020.  

In a letter Wednesday to Life Care Center of Kirkland, the Centers for Medicare and Medicaid Services wrote that the nursing home failed to report an outbreak of respiratory illness to local authorities for two weeks as required by law, gave inadequate care to its residents during the outbreak and failed to provide 24-hour emergency doctor services.”

In a summary of its findings issued last month, CMS said inspectors had found that Life Care failed to swiftly notify regional authorities that it had a surge in respiratory infections, and continued to admit new patients and hold events such as a Mardi Gras party for dozens of residents and guests.”

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