BIRTH DEFECTS – THE MOST TRAUMATIC INJURIES OF ALL
One of the saddest occurrences imaginable is a child born with a birth defect. If the condition is a birth injury, at least partially caused by the negligence of healthcare workers, legal action can be filed to seek compensation for the family and cover the costs of caring for that child.
Common types of birth defects, legalmatch.com explains, include:
- cerebral palsy
- cerebral hypoxia (oxygen deprivation)
- cleft lip or palate
- spina bifida
- Erb’s palsy
- brachial plexus dysfunction
- congenital heart defect
- mental retardation
If a child suffers from one or more of these conditions, it is possible that the condition was partly caused by the carelessness of a third party. “Although the difference between a birth defect and a birth injury may seem minor, the distinction can play a big role in litigation”, legalmatch.com emphasizes.
Birth defects, while highly unfortunate, may not have been caused by negligence. Birth injuries, on the other hand may have come about as the result of negligence by:
- a doctor prescribed the wrong dosage of a drug
- a hospital did not properly hire and train staff
- a drug company was negligent in the research and manufacture of a drug given to the mother
- a medical device used during the birthing process was defective
In most personal injury lawsuits, damages are awarded to the actual injured party. In birth injury cases, in contrast, while the primary injured party is the newborn child, the injury is traumatic for the parents as well, and they can recover damages for medical malpractice.
The principle – physicians and other medical professionals must exercise reasonable care when caring for their patients. If the level of care falls below this standard, with the help of an experienced personal injury lawyer, you may be able to recover damages, including medical bills and rehabilitative costs – plus recovery for pain and suffering – from the medical practitioner who was responsible.