What are the legal remedies for a birth injury?

In Washington, legal remedies for families whose children have suffered birth injuries vary depending on the specifics of the situation. Families who have had a child suffer a birth injury may be able to pursue a medical malpractice lawsuit or a claim for wrongful death when the injury results in a child’s death. In order to pursue a medical malpractice claim, families must demonstrate that the medical care provider was negligent in providing care to the mother or infant and that the negligence resulted in the birth injury. Medical negligence can include failing to obtain informed consent, making a medical error, providing inadequate prenatal care, or providing substandard medical care. The family must also demonstrate that the injury resulted in harm or injury to the child requiring medical intervention. If the injury resulted in the death of the child, a family may also be able to bring a wrongful death claim. In order to do so, the family must be able to demonstrate that the death of the child was a result of the medical provider’s negligence. This claim can be brought on behalf of the child’s parents and, in some cases, the child’s siblings and grandparents. If a family is successful, they can seek damages for the medical care and other costs related to the birth injury, as well as damages for pain and suffering, loss of life and medical care, loss of companionship, and other losses related to the injury. No matter what the legal remedy, families must act quickly and seek the help of a qualified attorney as soon as possible. A lawyer experienced in birth injury cases can help families through the legal process and advocate on their behalf.

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