Who can file a birth injury lawsuit?
In Washington State, a birth injury lawsuit may typically be filed by the injured child’s parents, though other family members may be able to as well. It is important to note that the injured child must be a minor when the lawsuit is filed as lawsuits regarding birth injuries may only be filed within a certain time frame following the injury. When filing a birth injury lawsuit in Washington, the plaintiff (person filing the lawsuit) must have a legal interest in the case and may be the child’s parents, a legal guardian, or another family member with a significant financial connection to the injured individual. The lawsuit must also include a valid cause of action, meaning that the defendant (person being sued) must have behaved in a negligent, careless, or reckless manner. In Washington, birth injury lawsuits generally fall under medical malpractice law, which means that a health care provider must be named as the defendant. This could be any person who was involved in the care of the mother during pregnancy or the child right after birth. The law also allows for wrongful death claims in cases where the injury is so severe that it results in the death of the child. It is important that all potential respondents are properly named in the lawsuit and that the injured child and/or parents are represented by an experienced attorney who can help ensure that their rights are protected during the legal process.
Related FAQs
Is cerebral palsy always caused by medical negligence?What is a neonatal stroke and can a parent file a birth injury lawsuit?
What are some common defense strategies used in birth injury cases?
What is a birth injury expert witness and how can they help with my case?
What is the difference between a birth injury lawsuit and a wrongful death lawsuit?
How long does a birth injury lawsuit take to resolve?
Can I file a birth injury lawsuit if the birth injury was caused by an act of God?
What is a medical genetics evaluation and can it be used in a birth injury claim?
What is the difference between medical malpractice and birth injury?
What are the elements of a birth injury claim?
Related Blog Posts
Birth Injury Law: Understanding and Meeting Requirements for Successful Claims - July 31, 2023Types of Birth Injuries: Get the Facts about Medical Negligence - August 7, 2023
The Birth Injury Lawsuit Process: What You Need to Know - August 14, 2023
Investigating a Possible Birth Injury: Where to Begin - August 21, 2023
Statute of Limitations for Birth Injury Cases: Understanding Your Rights and Timeframes - August 28, 2023