When parents have a viable cause of action to pursue a birth injury case, they will usually pursue a liability lawsuit against the doctor or surgeon who treated the mother while she was pregnant or giving birth. If successfully navigated, such a lawsuit could bring the parents money to pay for the baby’s medical care and other damages caused by the birth injury.
That said, not all birth injuries were the fault of a doctor or surgeon. In fact, in many cases, a birth injury happens naturally and no one is to blame.
How do you know when to pursue a birth injury lawsuit?
A birth injury lawsuit generally falls under the category of medical malpractice law. As such, similar concepts of liability that apply to medical malpractice claims will apply to a birth injury case. The only difference is that birth injury law is a specific type of medical malpractice, so there are some nuances relating to the types of treatments and the types of injuries that can happen when a doctor fails in his or her duties.
As with all medical malpractice cases, parents will need to establish the kind of care the doctor gave to the mother and her baby before and during birth, the information available to the doctor, and the types of decisions and choices made by the doctor while the patient was under his or her care. Ultimately, if the plaintiff can show that the doctor failed in his or her duty to follow standard medical procedure while administering treatment and care to the mother and baby — and this failure directly caused the birth injury — then a viable birth injury claim may exist.
If the plaintiff cannot establish that the doctor failed to follow the standard of care, then it could be the case that the birth injury was natural or — at the very least — not the fault of the physician’s negligence or failures. In this case, no cause of action will exist to pursue a claim.
Was your baby born with a serious birth injury?
If your baby was born with a serious birth injury, it’s important that you act quickly to review the facts surrounding the injury from a legal perspective. This type of analysis could serve you and your family financially if you determine that you have a viable birth injury lawsuit that you can file.