Welcoming a new child into the world is a moment of immense joy for parents. However, this joy can turn to anguish if negligence occurs during childbirth at the hospital. Statistics suggest that approximately 5 out of every 1000 babies born in the U.S. suffer some form of injury due to medical errors such as improper delivery techniques, incorrect use of medical devices, or medication errors.
For parents, contemplating legal action may be the furthest thing from their minds, as no amount of compensation can fully alleviate the emotional stress they endure. Yet, in many cases, pursuing a lawsuit becomes necessary. In such challenging situations, seeking the guidance of a personal injury attorney is crucial.
In this blog post, we aim to provide an overview of the process involved in filing a legal claim for a birth injury.
Key Components of a Birth Injury Claim
Medical Negligence
If a parent decides to pursue legal action against a hospital, obstetrician, or caregiver, their personal injury attorney must demonstrate:
- The defendant had a legal duty of care toward the newborn.
- The defendant failed to act in a manner consistent with the standard of care expected in similar circumstances.
Use of Medications During Pregnancy
Claims may also be directed against pharmacists, pharmaceutical companies, or healthcare providers responsible for prescribing medications to the mother. The attorney will need to establish:
- The mother was prescribed a specific medication during pregnancy.
- The medication was administered under the guidance of a healthcare professional.
- The birth injury was not attributable to genetic or hereditary factors.
- The medication in question is known to potentially cause birth defects or injuries.
Moving Forward
If negligence leading to a birth injury is established, the insurance company may offer a lump sum settlement. It is crucial not to accept such an offer without consulting a birth injury attorney, as initial compensation offers may not adequately cover long-term care expenses.
If you are in need of legal assistance and have not yet engaged a personal injury lawyer, consider contacting the Austin Lawyer Referral Service at (512) 472-8303 or toll-free at 866-303-8303. You can also request assistance online by completing our contact form.
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