Expectant parents look forward to bringing home their precious baby. It is traumatic to learn that your child may not be able to live a normal life because of something that happened before or during delivery.
Many parents who discover that their child has a birth injury are willing to sacrifice almost everything to support their son or daughter. This can mean learning to live a life filled with medical appointments and challenges, which can lead to financial hardships.
Parents with a child who suffered a birth injury can seek compensation for medical negligence. This compensation can help reduce the financial devastation that can come as a result. The amount of the compensation will encompass damages for current and future medical bills and other related expenses.
Depending on the severity of the injuries, the compensation might have to be sufficient to cover a lifetime of care. It is imperative that anyone with an injured child considers future costs since it’s usually not possible to come back later to demand more money.
Who is responsible?
The circumstances of the birth injury will determine who may be held accountable. Many people think about the doctor or midwife who is delivering the child, but this may not be the party named as a defendant in a case.
Nurses can face medical malpractice lawsuits if they didn’t provide patients with care that meets or exceeds the established standard of care. With birth injuries, this might come from improper fetal monitoring during labor, which could be the nurse’s fault.
A hospital or birth center can also be a defendant in a malpractice case since a doctor or nurse is a representative of the hospital. Vicarious liability is a concept used to hold the hospital accountable for the employee’s negligence.
Some plaintiffs sue a pharmaceutical company if the injury was the result of a medication. The problem could be a side effect that the pharmaceutical company didn’t warn about.
Every case is different
No two birth injuries are exactly the same. Medical malpractice is a complicated area of the law. It is important to seek legal advice if you think you have a case.