What are the legal remedies for a birth injury?
In New Jersey, the legal remedies for a birth injury depend on the circumstances of the injury. Generally speaking, a birth injury is caused by a medical professional’s error, negligence, or omission. If this is the case, the legal remedies may include filing a lawsuit for medical malpractice. A medical malpractice claim requires demonstrating the medical professional failed to meet the accepted standards of medical care and that the failure resulted in harm or injury to the patient. If the malpractice claim is successful, the patient may receive compensation from the medical professional for medical bills, future medical costs, lost wages, pain and suffering, loss of enjoyment, and other damages. In addition, the family may pursue a lawsuit for a birth injury caused by a defective medical device or product. In this case, the family would need to demonstrate that the device or product was defective and that this defect caused the injury. If the claim is successful, the family may receive compensation from the manufacturer of the device or product. In addition to the two types of legal remedies just described, the family may seek remedies from other sources depending on the circumstances. For example, the family may be able to file a claim against the state or municipality if the injury was caused by a breach of safety standards. Whichever legal remedies are pursued, it is recommended that the family seek guidance from an experienced attorney to make sure the case is handled properly.
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