It’s hard to imagine the possibility of a birth going wrong. After all the care of one’s body over nine months of pregnancy, it can seem like a tragedy if the baby appears anything other than perfect. Fortunately, serious injuries during birth are far less likely now in hospital settings than they used to be.
When they happen, however, parents may be looking at a significant period of recovery for their new children. Some injuries may even have permanent effects on a person’s appearance or cognitive abilities. If this is the case, financial damages are a possibility to try to make life easier.
This is a possibility in the case of two factors. First, there must a provable effect of a birth injury that ends up having a result on long-term health. Second, it must be shown that a doctor or other hospital employee was responsible for the effect. If a birth defect could not have been reasonably avoided by medical professionals, a claim may not hold water.
A term that matters a lot here is “standard of care.” If a hospital or a clinic failed to hold itself or its agents to a generally acceptable standard, they are most likely open to a claim if their actions led to problems.
Parents who could possibly file a birth injury lawsuit should consult with a lawyer. An attorney can help advise them on whether or not a medical care institution may be liable and can represent a family’s interests as they are trying to focus on the special care their child needs.