Your Legal Rights

Approximately 1 out of every 7 children born in the United States suffers a birth injury. Sometimes, a birth injury results from the natural forces of labor and delivery. In other cases, better care could have prevented the injury.
Taking legal action may be low on your priority list if your child was born with a birth injury. But if the injury is the result of medical negligence, it is important that you understand your legal rights.

The Right to Acceptable Medical Treatment

Mothers and newborns have the right to expect that the care they receive is consistent with established standards.
Medical malpractice law governs the liability of healthcare providers for preventable errors. The actions of doctors, nurses, and other providers are generally judged to be negligent if they do not meet the accepted standard of care.
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The Right to Obtain Medical Records

Medical records are a key element in determining birth injury negligence. You have the right to obtain medical records, as well as your child’s medical records, with limited exceptions. An attorney can review these records to help determine whether medical standards of care were followed during the birth process.

The Right to Seek Monetary Damages

When provider negligence causes a birth injury, the parents or legal guardians of the injured infant have the right to file a lawsuit seeking compensation.
Both the parents and the child may be eligible for monetary damages related to the birth injury. For example, the parents can recoup medical costs and loss of income that result from the harm to their child, while the child may be compensated for future loss of earning capacity. The parents and the child may also receive compensation for pain and suffering.

Protecting the Rights of Birth Injury Victims

The decision to file a lawsuit for your child’s birth injury is not one to make lightly. And it should not be made until you understand your legal rights and options.
Since medical malpractice law is complex, and because every case is unique, it is recommended that you speak with a birth injury lawyer. During an initial consultation, we will learn more about your case and advise you of what steps to take next. Learn your rights during a free case review: call (855) 300-4456 or send us a message.
Speak to one of our medically trained legal experts
8am - 8pm M-F