When you have gone through the morning sickness, mood swings and the bodily changes that come with pregnancy, going into labor can come as a huge relief. And the joy of becoming a parent can be overwhelming. But what happens when your little bundle of joy sustains injuries during delivery?
If your baby sustains an injury during delivery, you may be in a position to pursue damages through filing a birth injury claim. However, not all birth-related injuries can lead to a successful claim against a provider or hospital. Sometimes, despite a provider’s or facility’s best, law-abiding efforts, harm occurs. With that said, there are specific instances wherein you may be in a particularly strong position to hold a hospital liable for your child’s injuries.
If the facility is understaffed
It’s no secret that qualified healthcare providers are in short supply. But while the lack of properly trained and qualified healthcare providers is one of the leading causes of hospital understaffing, some healthcare facilities willfully employ too few staff members in order to minimize operational costs. Understaffing leads to worker exhaustion. And this can increase the odds of mistakes during a baby’s delivery. If you can prove that the midwife or doctor who attended to you was fatigued due to understaffing, and that this led to your baby’s injuries, then you may have strong grounds upon which to file a birth injury lawsuit against the facility.
If the facility hired an incompetent employee
An incompetent staff is not only a danger to themselves but to co-workers and their patients as well. In the context of childbirth, incompetent staff can make costly mistakes that can lead to life-altering injuries to mother and baby or even death. If the facility knowingly hired and retained an incompetent employee, and you have proof of it, then you may sue the hospital for the resulting birth injuries.
Pursuing damages
Birth injuries, like brain or spine injuries, can be devastating. Learning more about California birth injury legal standards can help you protect your rights and interests while pursuing a birth injury lawsuit against a provider or hospital.
