The birth of a child is the happiest moment for parents, but the situation may take an ugly turn due to a negligence on the hospital’s part. It is estimated that 5 of 1000 babies born in the U.S. sustain some sort of injury during birth, which could be due to the use of an improper medical technique during delivery or improper use of a medical device or medicine. Filing a lawsuit could be the last thought to come to the mind of parents, as no compensation amount is sufficient to reduce the stress that parents would undergo – but it often becomes a necessity. In such cases, hiring a personal injury attorney is the best that parents can do.
Through this blog post, we provide an overview of how to file a legal claim for a birth injury.
Elements of a Birth Injury Claim
Malpractice by a Caregiver
If the parent is filing a lawsuit against a medical facility, obstetrician or caregiver, the personal injury attorney has to show that:
- The defendant has the legal responsibility to take care of the baby.
- The defendant did not act or fail in a way that a competent individual would have in similar circumstances.
Use of Prescribed Drug by Mother
The specific claim will be filed against pharmacists, pharmaceutical companies, and physicians treating the mother stating that the defendant(s) did not warn the mother of the risk of taking these drugs. The attorney will be expected to prove that:
- The mother took the questionable drug during pregnancy.
- The drug was prescribed by a healthcare provider, pharmacist, or physician.
- The birth injury is not the result of any hereditary, genetic, or other factor.
- The questionable drug can cause birth defects and/or birth injury.
The Way Forward
When a birth injury due to the negligence is proved, the insurance company may offer a lump sum compensation; do not accept the offer before consulting a birth injury attorney because the amount may look sufficient. You will want to discuss further compensation since you may not be able to afford future expenses if the injury requires lifelong care.
If you have not hired a personal injury lawyer, you may get in touch with the Austin Lawyer Referral Service. We can connect you with a reputable attorney to discuss the case. Simply call (512) 472-8303 or toll-free at 866-303-8303. You may also submit an online request by filling out our contact form.
