The birth of a child should be one of the happiest days of the parents’ lives. It is therefore heartbreaking whenever an unforeseeable complication arises. If the negligence of a medical professional needlessly harms a newborn, the parents should not hesitate to seek justice. The newborn’s parents may be faced with decades of ongoing costs, including:
- Medications and supplies
- Adaptive equipment
- Treatment by specialists
- In-home or institutional care
- Loss of income (when a parent sacrifices a career to care for a child)
Birth Injury = Medical Malpractice
Personal injury law protects parents and newborns from having to suffer alone. If a newborn—or mother—has sustained injuries from improper handling of the pregnancy and/or birth by medical professionals, parents may become claimants in a malpractice claim.
Who Do You Sue?
A personal injury attorney would begin by thoroughly investigating the facts and circumstances surrounding the pregnancy, the birth, and treatment provided. Birth injury lawsuits may be filed against:
- Medical facilities
- Pharmaceutical companies
- Medical device manufacturers
Awards and Damages
A judge may award damages to pay for medical expenses and pain and suffering. Damages may go directly to the child and be awarded as a trust. Depending on the severity of the birth injury, the judge may also take into account the child’s loss of future earning capacity to determine the amount awarded.
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