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Can I sue if my Baby was Injured during Labor and Delivery?

For many families, the birth of a new child is a time to rejoice and to celebrate the arrival of the newest addition to the family. Even the most routine and uncomplicated birth is a monumental undertaking that may be challenging and create stress for all parties involved. Now, imagine how much these already difficult proceedings may be complicated by injury and/or defect.

Unfortunately, according to the CDC, over 120,000children are born with birth defects annually, and 7 in every 1,000 babies are injured at birth. These statistics are as staggering as they are frightening. While many of these injuries are the result of unavoidable natural occurrences, a significant portion of them are not. There are a wide range of birth-related injuries, from mental defect and musculo-skeletal defects, to broken bones and strained tendons. All of these injuries are very serious and require immediate and future medical care, which can quickly result in enormous bills. Often, these injuries leave many parents seriously in debt to the very institutions which may have caused the injury in the first place.

Drug Companies Sued for Faulty Products

There is a long history of drug companies being sued for the faulty products they make and the unintended, and often tragically devastating effects they have on unborn fetuses. One such medication is the early morning-sickness drug marketed to young mothers in the 1960s, Thalidomide. There is a much less extensive history of bringing suit for injuries caused by the doctors in the delivery room and in prenatal care. Unfortunately, while these injuries can be just as traumatic as birth defects and can have just as a lasting impact, they receive less notice from the legal field.

This is likely due to the common misconception that doctors, and other hospital staff, are not liable for injuries babies experience during birth. During the months leading up to delivery, and the birth itself, mothers are totally dependent on their doctors to detect prenatal abnormalities and to properly deliver their children, and these doctors owe mothers and their children, a duty to do so. It is often the case that these doctors, especially in the large, corporate hospitals of modern Florida, are bogged down under enormous workloads and cannot provide the necessary care that mothers and their newborns require. This unfortunate dilemma is further exacerbated by excessive distractions[1] in the delivery room, the combination of which can lead to disastrous results.

If the doctors who negligently allowed these injuries to happen, or recklessly caused them themselves, are employees of these hospitals, even if they are called independent contractors by the hospital, the corporation that owns the hospital is liable for the damages they caused. In instances like these, oftentimes parents are left holding the bill, wondering what to do, and who to blame for the misfortune that has befallen what should be a joyous occasion. In these cases, it is important that parents have the right legal team backing them in their pursuit of justice. Hiring the a law firm and pursuing legal action against these hospitals is an important service to the community because it notifies the medical establishment that this type of negligence and lacking care is no longer acceptable to the local community and the American people at large.

If your family or a family that you know has experienced the tragedy of birth injury, it is important that you contact an experienced attorney, like the litigation team at Sibley Dolman Gipe Accident Injury Lawyers, PA before your statutory window closes. Once this window closes, parents and children are permanently barred from recovery by law.

Sibley Dolman Gipe Accident Injury Lawyers, PA
800 North Belcher Road
Clearwater, FL 33765
(727) 451-6900