One of the scariest things for a parent to learn is that their child suffered from a birth injury. Imagine having their little child experience pain and difficulty. Plus, they have no way of adequately communicating their pain with you except to cry. It is devastating. For this reason, it is pretty understandable if you, as a parent, would want to seek justice for the pain and suffering that your child has gone through. However, there are some points that you should know about suing for a birth injury. Here are some of them:
Who Can Sue?
In general, the parents can choose to file a birth injury medical malpractice lawsuit. In a way, they are claiming to represent the interests of the injured child, who is a minor and would have no legal capacity to do so. Similarly, the parents can also sue to compensate for medical expenses that they had to shoulder as a result of the birth injury.
The mother can also choose to file a birth injury claim if she sustained any injuries during childbirth.
The father also has the right to file for a birth injury claim if the mother dies due to medical malpractice. Fathers have the right to file on behalf of the deceased mother and the child. The father would also have the standing to file for wrongful death if he and the mother were legally married or registered domestic partners.
A guardian also has the right to file for a lawsuit on behalf of the child he or she is caring for.
Who Can You Sue?
A hospital can be responsible for the negligence of its employees. They have liability in the context of medical malpractice because there is an assumption that they made sure to hire only competent physicians and other allied health care providers.
These medical institutions can be legally liable if they fail to conduct their own inquiries regarding their employees. Any organization that continues to retain any staff member known to be involved in a medical malpractice case can be liable under corporate negligence. As such, these medical centers should carry out their investigations to find out if their staff has any outstanding liabilities before accepting them into their organization.
For birth injuries resulting from a drug side effect, victims can hold a pharmaceutical company liable. However, there should be proof that the manufacturer failed to warn the physician of the dangers of using the drug in question. However, it can sometimes be tricky to involve drug manufacturers in a lawsuit because they often claim that doctors are in the position of knowledge to know and discern if any of their drugs pose any danger to the patient.
A doctor may be held liable for a birth injury if they failed to provide the level of care that would prevent such harm from happening. Failure to provide adequate prenatal care and immediate care when necessary, can be enough to file a claim against the doctor if injuries resulted.
When Can You File a Birth Injury Claim?
The statute of limitations for bringing a case to the court varies by state, so it is best to consult an experienced law firm like seattlemalpracticelawyers.com to help you understand your specific situation.
Birth injuries can range from a simple bruise to more complicated injuries such as cerebral palsy. More severe complications require lifelong care and therapies. Often, they impact the child’s overall quality of life, with some having limited mobility. That said, parents should try to seek justice for their suffering.
Read more from our blog to deepen your knowledge about birth injury claims. You can also use our directory to find competent lawyers to represent you.