CEREBRAL PALSY, ERB'S PALSY, BARACHIAL PLEXUS AND OTHER BIRTH INJURIES
When difficulties occur during childbirth, medical personnel need to respond quickly to protect the mother and baby's health. It is important that any complications are properly diagnosed and remedied. Any negligence or failure to act can result in birth injuries such as:
Head injuries that result in permanent brain damage also pose a significant threat to the infant during the childbirth process. These injuries can lead to a number of conditions like skull fractures, permanent brain damage, brain hemorrhages and more. If a child in your family was injured during birth due to a healthcare professional's careless actions, contact a legal professional who can inform you on the personal injury compensation laws and how to file a claim for damages.
BREACH OF DUTY BY A MEDICAL PROFESSIONAL IN BIRTH CASES
Medical practitioners are legally required to provide proper care and treatment for their patients. When that duty is violated, they can be held accountable for their actions. However, in order to be successful in recovering compensation through a medical malpractice claim, the victim must be able to prove that:
- The defendant had the legal duty of care to the child
- The defendant breached the duty of care to the child
- The child's injuries were caused by the defendant's breach of the duty of care
- State law entitles the plaintiff to receive damages
The potential damages that can be recovered through a medical malpractice lawsuit include monetary compensation for pain and suffering, past and present medical bills, rehabilitation costs, projected living expenses for the child and more. Parents may also seek compensation if they are unable to work because of the demands of caring for their injured child.