Giving birth is a joyous occasion for many families. However, when birth injuries occur due to medical malpractice, it can devastate parents. Birth injuries can cause permanent damage, including blindness, cerebral palsy and brain damage.
As a parent whose newborn has suffered birth injuries, you may wonder if you can sue the hospital. This is a sensitive legal issue that requires clear interventions. The only way to make your birth injuries claim more effective is if you have all it takes to get full justice.
Understanding medical malpractice
Before delving into the legal options to sue a hospital for birth injuries, ensure you can prove that the medical staff was at fault for negligence. Medical malpractice occurs when a medical expert strays from the set care standards, harming the patient. In your case, a birth injury may have occurred during labor, delivery or prenatal care.
Examples of negligence or medical malpractice that can lead to birth injuries include:
- Failing to properly monitor the baby’s vital signs during labor and delivery
- Failing to perform a timely C-section when the baby is in distress
- Using excessive force during delivery
- Failing to manage and treat a maternal infection properly
In some cases, hospitals offer to settle birth injury lawsuits out of court. Settlements are often quicker and less expensive than going to trial. And most parents settle because it saves them from the emotional toll of pursuing legal action against a large institution.
To ascertain the settlement is in your best interest, determine the cost of your newborn’s injuries and how much compensation you seek. Remember, you can pursue legal action if you’re confident you have a strong case against the hospital.
Suing a hospital for birth injuries can offer the justice you deserve for your child’s suffering. However, ensure you understand medical malpractice laws to increase your chances of winning. Proving that malpractice occurred is the key to holding the medical facility accountable.