A child being born is usually one of the most joyous occasions in any parents life. Thankfully, the majority of child deliveries with go nice and smooth without a lot of issues. However, there can be certain complications that will arise during the pregnancy and or the delivery. Some of these complications could result in some sort of injury to the baby. In any situation like this where some sort of harm was done that could have been avoided, it is always crucial that you are able to get the legal representation that you need so that the rights of both parent and child are kept safe. The facts surrounding birth injuries to a child can differ greatly from case to case. However, most of the situations will involve one of two scenarios that are rather general in nature. There could have been the failure of the doctor to properly assess the condition at hand or respond to it, or there could be injuries that are due to prenatal care, including certain prescription drugs.
In the event that a doctor could fail assess the situation properly, there could be a number of factors involved. There could have been hypertension that went undiagnosed, a medical device like a vacuum or forceps could have been used improperly, there was a failure to perform a cesarean section that was needed, or there could be a false assessment of the health of the baby while it was still in the womb. Any lawsuit that comes from these kinds of situations will usually involve a claim of medical malpractice against the doctor and any other medical practitioners that were involved. Some cases may even involved a claim that is put against the hospital where the delivery or treatments took place. In the event that there were prescription medications involved that lead to the birth injuries, you may have a claim against the doctor, the pharmacist or even a claim that could be put against the drug manufacturer.
In order to find any medical professional at fault in a lawsuit, you need to show that the conduct fell below what the generally accepted standard is for medical care. Hiring the right attorney to help you navigate your case will give you the power that you need to dive into the aspects of the case, gather all of the necessary findings and put forth the claim. Not only will your attorney present expert testimonials to the standard of care, but additional information as well that will establish that the defendant in the case neglected to meet these standards with your particular case. Whenever the child suffers some sort of harm that is due to a birth injury that was avoidable, the damages that are awarded will usually go to the child in the form of a trust, for example. In any of the cases where a child is born with a birth defect or injury, the parent could bring a malpractice action against the doctor or the hospital where the delivery took place. Your lawyer will be able to advise on you the right way to proceed to get the compensation that you and your family deserves.