Childbirth Brain Injuries Caused by Medical Malpractice
- 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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Brain Injuries Articles
- Legal Negligence
- Settling a Personal Injury Lawsuit
- Common Personal Injury Accidents
- When is Someone Liable for Someone Else's Injury?
- How to Prove Fault
- The Stages of Personal Injury Lawsuit
- Does a Personal Injury Lawsuit Need to be Filed Within a Certain Time?
- How Wrongdoing in a Civil Lawsuit is Investigated
- Hiring the Right Personal Injury Attorney
- When to Hire a Personal Injury Attorney
- How Can a Personal Injury Lawyer Help Me?