How Can a Birth Injury Claim Be Made?
Birth injuries, which are caused most commonly during a child’s delivery, can be life altering for children and their families. It’s not just the child who will suffer from the potential complications of these injuries; his or her mother, friends, and colleagues will have to live with the consequences in the future as well.
If a baby is injured during delivery, it’s most commonly due to the doctor failing to respond to or assess conditions in which the child or mother is suffering due to complications. It’s also possible that prescription medications given to the mother during pregnancy could lead to these injuries.
For mothers who can show that negligence or substandard care led to their own injuries or injuries to their children, medical malpractice claims can be a way to recover costs and collect compensation for future needs. They can bring their cases to their attorneys and discuss what happened. An attorney an help keep the case in order and make requests on behalf of the family during a time of upset. A jury will listen to the mother’s story as well as testimony from experts, who may be other doctors, surgeons, or nurses, to determine if the doctor’s actions were substandard.
Following a successful lawsuit, compensation may go to the parents or the child directly, depending on the situation. If the award is to the child, it may be placed in a trust with some being available for the child’s care when needed. If the mother suffered injuries, then the compensation may go to her and the child, again, depending on the award type.