Childbirth Brain Injuries Caused by Medical Malpractice
By: LawInfo
Childbirth is often a time filled with excitement, anticipation and anxiety. Parents are eager to meet their child but understandably concerned about labor and delivery. One of the concerns is that the baby will be born with a brain injury. Occasionally, a brain injury is an unavoidable, yet tragic, consequence of childbirth. However, many times a childbirth brain injury could have been avoided and the injury occurs because a doctor, nurse or hospital committed medical malpractice.
While parents mourn the life that their child could have had but for the medical negligence that caused the brain injury they must also prepare for the reality of their child’s future. Their child’s lifetime care and expenses may be greater than the family can afford and the family may want to hold the people who caused the injuries responsible so that other children are not hurt in the future.
Medical Malpractice
In most jurisdictions, the parent of a child who suffers a brain injury during childbirth has standing to sue on the child’s behalf. Every jurisdiction has a statute of limitations and the lawsuit must be filed in court before the expiration of the statute of limitations. Therefore, it is important to seek the counsel of an experienced medical malpractice attorney as soon as possible after you learn of your child’s injuries.
In order to recover damages in a medical malpractice lawsuit, a plaintiff must be able to prove that:
- The defendant had a duty of care to the child. A doctor, nurse, midwife, hospital or birthing center has a duty of care to your child when you use their services for childbirth;
- The defendant breached the duty of care to the child. A defendant breaches its duty of care to the child if the defendant fails to act like a reasonable person would have acted given the circumstances. For example, if a reasonable obstetrician would have performed a Cesarean section and your doctor did not do so and lacked a medical reason for not doing so then the obstetrician may have breached his duty of care to your child;
- The defendant’s breach of the duty of care caused the child’s injuries: Your child’s injuries must have happened because of the defendant’s actions (or inactions). In other words your child would not have suffered the brain injury but for the defendant’s actions; and
- The plaintiff is entitled to damages pursuant to state law: If you are successful in proving the above three elements of medical malpractice then you are likely entitled to damages pursuant to state law.
Possible Damages
Possible damages in a childbirth brain injury medical malpractice lawsuit include compensation for past and future medical bills, pain and suffering, rehabilitation costs, projected living expenses for the child who is unlikely to be able to support himself in adulthood because of the injuries and lost income if a parent is unable to work due to the demands of caring for a child with a brain injury. In some cases, courts may also award punitive damages against the defendant.
Childbirth brain injuries forever change the life of a family. While damages cannot undo the harm that was caused nor give the child the opportunities that the child may have had if he or she had not been injured, financial damages can give a family the resources to provide the necessary care for the child and hold the defendant accountable for medical malpractice.
Search LawInfo's Medical Malpractice Resources
Additional Medical Malpractice Articles
-
Irreversible Mistakes and Deadly Misjudgments:
The Top 10 Medical Misdiagnoses
A prolonged cough. Chest pain. Feeling a lump in the breast. Sometimes intense physical symptoms can appear to be grave indications of a serious … More -
How to Pick the Right Medical Malpractice Attorney
It is true that in order to become an attorney, an individual must graduate from law school and pass the bar exam. However, that does not make every attorney … More -
Legal Negligence
Negligence is a term that is commonly used to mean that someone did not act with the appropriate level of care. However, when negligence is used as a legal term it … More -
Common Personal Injury Accidents
Personal injury accidents can happen anywhere and at anytime. However, some types of accidents are more common than others. It is important to understand … More -
Anesthesia Malpractice
Anesthesiologist's have a duty to adhere to the standards of medical competence and skill in the administration of anesthesia. If an anesthesiologist fails … More -
When is Someone Liable for Someone Else's Injury?
Accidents happen. Every day in the United States, people are seriously hurt and killed in accidents. Whether a person is hurt in a motor vehicle accident, a … More -
How to Prove Fault
In order to be compensated for injuries incurred in a personal injury lawsuit it is essential for the plaintiff to be able to prove that the defendant was at fault … More -
The Stages of Personal Injury Lawsuit
Personal injury litigants should understand the different stages of a personal injury lawsuit. Each stage is an important part of determining whether or not a … More -
Dangerous Drugs and Product Liability Law
It is difficult for a consumer to adequately assess the safety of a drug before taking it based on limited knowledge. Instead we rely on others such as drug … More -
Does a Personal Injury Lawsuit Need to be Filed Within a Certain Time?
All personal injury lawsuits need to be filed with the court within a certain amount of time. This period of time is known as the statute of … More
Medical Malpractice Sub-categories
|
Dental Malpractice
Doctor Malpractice |
Hospital Negligence
Nurse Malpractice |
