You have the right to seek financial damages if you believe your child was injured during birth and suffered significant or permanent injury. A medical malpractice lawsuit can redress the wrongs and provide damages to cover medical expenses, ongoing care, pain and suffering for both your child and you.

In this Malpractice Guide article we will discuss what legal rights you have if you feel your child was injured at birth.

Birth Injuries from Medical Malpractice

Birth injuries caused by the medical malpractice of doctors and nurses happen to thousands of children each year. They are often catastrophic, resulting in death or permanent disability to the child. They can occur in many different ways. Instrumentation used during birth can cause injury. A failure to do a C-section when circumstances call for it can cause harm. Medications given during birth can also result in injury to the child. There are many more ways injury can occur.

Was Malpractice the Cause of Your Child’s Birth Injury?

If your child sustained significant injury during birth, it may have been the result of malpractice. If it can be proven that it was, you have the legal right to seek financial damages from those responsible. It won’t correct the problem, but it will give you the finances you need to properly care for your child. It might possibly prevent something similar from happening to another child.

Pursuing Your Legal Rights When a Child is Injured During Birth

There are medical malpractice attorneys who specialize in birth injury cases. They have educated themselves to know what to look for in such cases. In addition, they typically higher an obstetrician to review all of the medical records to determine if and where medical malpractice occurred. If the case goes to court, the obstetrician might act as an expert witness to show where mistakes were made that led to your child being harmed.

Your malpractice lawyer will depose the medical personal involved and witnesses to find out the truth about what happened. These interviews take place under oath to ensure the truth comes out. If the case is clear, the insurance company for the defendant will typically offer a settlement. You have the right to accept it, ask for a higher figure or take the case to court.

You’ve got legal rights as the parent of a child injured during birth. This is how to go about pursuing those rights and the compensation your child and you deserve.