My child has a serious birth defect or injury. Can I sue the doctor?
Not necessarily. Although doctors are trained health care professionals and are held to a high standard of care in treating their patients, they are not in the business of guaranteeing results. Sometimes birth defects and/or birth injuries occur even though a thoroughly qualified physician, assisted by an able staff, has diligently and competently done everything possible to bring about a safe, normal delivery. A lawsuit based on birth defects or birth injuries is a form of medical malpractice action and requires proof that the defendant was negligent in rendering professional services and that injuries occurred as a result. These types of suits can be difficult to prove and you would probably need to consult with an attorney.
Other Birth Injury FAQs
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Q:
What Causes Cerebral Palsy?
A: Most cases of damage to the brain among cerebral palsy children occurred before they were born - more specifically, during the first six months of pregnancy. Experts … More -
Q:
Is there a time limit on filing a lawsuit against a doctor?
A: Yes. Like all civil lawsuits, this type of claim is subject to the statutes of limitations. Statute of limitations is a law that sets forth the time period during … More -
Q:
My child is only three months old. How can someone so young file a lawsuit?
A: The answer is that a three-month-old cannot file a lawsuit on their own, but would require the child's "guardian ad litem" to file a lawsuit. Your birth … More -
Q:
What if the hospital destroys my child's health records?
A: Generally a hospital will retain a child's health records for a set period of time. If you've waited too long to pursue the claim this could be a … More -
Q:
How can I prove my case against the doctor?
A: Medical malpractice cases hinge largely on expert witness testimony. An expert witness is someone who has been shown to be an expert in their particular field. … More
Birth Injury Sub-categories
| Cerebral Palsy |
