All Questions

March 31, 2020 | Gary Burger

Can I Sue My Child is Injured During Labor?

The birth of a child should be a happy occasion, but sometimes, a medical professional's negligence can impact this. If your child suffered a brain or head injury, fracture, or other injuries because of a nurse or doctor's negligence, you could be eligible to sue the medical personnel or hospital for damages.

In this FAQ, we are going to discuss the medical malpractice claim process, costs and expenses associated with most cases, and what type of compensation you can expect to recover for your child's birth injuries. If you have questions about filing a birth injury claim, or other questions about your case, call our birth injury lawyers in St. Louis at 314-542-2222 or 618-272-2222. We don't charge any fees for our consultations, and we never ask for attorney fees unless we win your b injury claim.

Can Parents Sue a Doctor or Hospital for Birth Injuries?

Nurses, doctors, and other medical personnel are required to provide reasonable care to all patients. But sometimes, a doctor's negligence can lead to physical and emotional injuries. The most common types of birth injury medical malpractice claims involve injury to the mother, the infant, or a failure to inform parents of birth defects/complications before the birth of the child.

If you suspect that a nurse, doctor, or hospital is to blame for your injuries or your infant's medical condition, you need to collect as much evidence as possible before filing a claim. While you could be eligible to bring a birth injury claim and recover damages, you'll need evidence to support your claim. Adequate evidence for a birth injury claim include proof of a doctor-patient relationship, evidence that the doctor or hospital acted without reasonable care, and medical records (past and present) to prove that the injury wasn't pre-existing.

In addition to collecting the above elements, it's essential not to handle the filing of a birth injury claim on your own. Medical malpractice cases, especially those involving birth injuries, can be complex, and to have the best odds of recovering the most compensation, require representation from a knowledgeable birth injury lawyer in St. Louis.

What Compensation Can Be Recovered for a Birth Injury?

If your child suffered harm at the hands of a negligent nurse or doctor, you could receive compensation for specific economic and non-economic damages related to the accident. Typically, recoverable birth injury damages include medical bills linked to the mother or child's preventable condition, lost wages, pain and suffering, loss of affection, and more.

If you need help determining what damages you can recover for your birth injury claim, Burger Law provides the highest quality legal representation to medical malpractice victims in Missouri and Illinois. If you or your child were injured during labor, and need help suing for birth injuries, call or contact our medical malpractice lawyers at 314-542-2222 or 618-272-2222. We don't charge any fees for our consultations, and we never ask for attorney fees unless we win compensation for your claim.