Although hospitals and physicians do all that they can to ensure that a child’s birth will be healthy and safe, at times, poor communication or an error in judgment causes harm to a newborn baby. In certain cases, the medical professionals or the hospital where they work are held legally responsible for the harm that was done in a lawsuit for medical malpractice.
Birth Injury Lawsuits
These cases seek payment for the injuries caused by medical negligence during the labor and delivery process. Birth injury lawsuits are quite complicated, and in general, they require the expertise of a qualified attorney who can handle them correctly.
A birth injury can take place prior to, during, and after the delivery of a newborn. While the element of risk is often present, certain types of injuries are considered to be preventable. The common categories of such injuries that may result in a lawsuit include cerebral palsy, facial paralysis, fractures, brain damage or death of the child.
Other serious birth injuries may require surgery, medical intervention or long-term care, and the expense involved in treating them may be recovered in a lawsuit. When medical negligence results in serious injury to a newborn, a claim may be filed seeking compensation for all related damages.
What You Should Know
Medical negligence is the foundation of a birth injury case because certain actions, or the failure to take action, can cause an injury to a newborn. An attorney who specializes in this area of the law can analyze your case, conclude what may have caused your child’s injuries, and determine if it is an example of medical negligence.
Causes of Birth Injuries
The medical staff may have been slow in responding to a condition that required treatment, failed to deliver the infant in a timely manner, or improperly used a forceps or some other medical device during the birth process. In addition, a prevailing health condition may have been overlooked or misdiagnosed, and the injury could also be due to ignoring established policies, lack of experience, limited staffing or fatigue.
Filing a Medical Malpractice Claim
Regardless of the cause, you may be entitled to compensation for the injuries you child has suffered. Be sure to contact an attorney as soon as you can because every state has its own statute of limitations determining when a medical malpractice claim must be filed. If you take this step, you must prove that your infant’s injuries were caused by some type of medical negligence, even though it may have been unintentional.
Additional Frequently Asked Questions
- How Would a Doctor Testify Against Another Doctor in a Malpractice Lawsuit?
- If I Can Prove That the Defendant Violated the Standard of Care, Does That Mean I Win My Case?
- Is Expert Testimony Required for a Medical Malpractice Case?
- Can a Medical Malpractice Case Be Reopened After It Has Settled?
- When Should You Contact A Birth Injury Lawyer?