Your birth experience is supposed to be an especially exciting time that you’ll never forget. Because of this, you want everything to go exactly as it’s supposed to. But what happens when your child is injured as the result of a birth injury? Do you automatically have a medical malpractice claim? Sometimes, these cases happen as a result of a doctor’s failure to assess the baby’s conditions, or issues in prenatal care. Today we will answer some of the questions you may have concerning your child’s birth injury lawsuit so you can find out how we can help you.
How do you figure out if you have a birth injury lawsuit? If a doctor fails to assess the conditions of the child during the birth or after the birth and an injury results, they could be seen as negligent. The same can happen when a woman takes a prescription drug that is harmful to the baby, which means she could bring a claim against a product manufacturer.
If you have rise for a lawsuit, will it always end successfully? No, as some birth injuries are completely unavoidable. The question you have to ask is this: Did a medical provider or company fail to give your child adequate care and it led to a mistake and injuries? Then you will have a case.
How will the jury determine if the doctor was acting negligently or not? They will look and see if the doctor’s actions were under standards of good practice, which includes aspects like looking at the testimony of experts and more. Doctors are held to a higher standard of care than most and work to prevent these injuries.
When I bring a birth injury lawsuit, what happens to the damages? The damages awarded will typically go to the child in the form of a trust; however, parents are also able to receive compensation at times for emotional distress depending on what happened.