Few life experiences are as exciting as childbirth. But this beautiful moment can also be very chaotic, especially if things do not go to plan. Despite advances in technology, birth injuries are still a big risk that many families are compelled to navigate through no fault of their own.
If your baby sustains injuries at birth, it helps to know that you may be in a position to hold a facility or a healthcare professional accountable via a birth injury claim. When exactly can you bring a birth injury claim against a hospital rather than (or in addition to) a healthcare professional? The following are two of the most common scenarios in which a facility may be held responsible for harm that occurs before or during childbirth.
The facility was understaffed
There is no doubt that there are not enough qualified healthcare professionals to go around. But while this is a major contributor to hospital understaffing, it is not uncommon for some facilities to want to cut costs by intentionally keeping their workforce lean.
Under-supported doctors, surgeons and midwives suffering due to understaffing are prone to exhaustion, and this can lead to preventable errors while on the job. If you can show that a hospital was understaffed and that the healthcare professionals who attended to you were exhausted and, thus, unable to provide an acceptable standard of care leading to your child’s injuries, then you can potentially sue the facility for damages.
The facility hired or retained unqualified staff
An unqualified and, thus, incompetent healthcare provider is a serious threat to patients under their care. These providers can make serious mistakes that can leave either a mother and/or their child with life-altering injuries. If you have evidence that the facility intentionally hired or retained the services of an unqualified worker, then you may be in a position to file a strong claim against it.
Protecting your rights
A birth injury can turn a joyous moment into a source of pain and suffering. Know that you don’t have to weather this kind of challenge alone. Find out how proper legal counsel can help you preserve your rights when pursuing justice for your child.