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A Personal Injury FAQ - Birth Injuries and Lawsuits

In personal injury cases, a misconception is that everything ends up fairly, that the laws are followed, that you are done right, and that you get the kind of compensation you deserve. Unfortunately, personal injury cases are rarely happy matters; you've suffered, a loved one has suffered, and sometimes your child has suffered.  And they can be difficult to win without the right lawyer helping.

Birth injuries, cases where hospitals can be negligent in handling a birth, are not fun to talk about. Yet it's important you know your rights, and this guide can help.

In short, hospitals and in some cases pharmaceutical companies can be held liable for injuries suffered by your child. Hospitals constitute both public and private places, and in medical malpractice, responsibility is held by the hospital, not the individual staff. The hospital consists of many workers – from doctors to nurses to assistants – and by law these workers need to be competent.

The whole point of a personal injury case is in proving someone is at fault, that if they had acted correctly no injury would take place. It's the same with hospital negligence: if the doctor, nurse, assistant, or other worker had made the correct decisions and taken necessary steps, no injury would have occurred. In a court of law, this is proved by showing that someone more competent would have made no mistake.

In terms of birth injuries, it's no different. The hospital can be at fault for many reasons. Perhaps the doctor made a key mistake. Or another employee is not competent enough, does not have the credentials, to be involved in the birth. A nurse, for example, may not have the experience, education, and training to be involved in the birth. It's the hospital's job, as a corporation, to make sure it's employees are capable of handling any and all cases.

There are other points to consider in medical negligence involving birth. Quite often mistakes are not made because of incompetence, but because of a lack of personnel. If a hospital makes cuts and does not have the necessary staff to handle the birth,and injuries result, that too can be a personal injury case. If there is a shortage of nurses, and this can be proved, you again have a case.

The last point for hospitals is that they must protect their patients. If your child is not tested correctly, does not have the necessary records, and is discharged too early, these too can be cases of medical negligence.

Finally, pharmaceutical companies can be held liable for medical negligence too, even in cases of birth. If the company does not accurately warn you of what the medicine will do, and your child experiences damaging effects, they can be sued.

This all can get technical. But these are important points to remember. Most births go fine, but if you're angry for the problems caused and for the pain or danger your child was put in, you have a right to sue. It's then time to contact an experienced personal injury lawyer.