Birth injuries can be a debilitating life-altering affair. In 2021 alone, Florida registered 1,727 medical malpractice claims, including birth injuries. In that, Tampa recorded the highest numbers. This is a profoundly disconcerting statistic because these birth injuries are entirely preventable. Regardless of the tragic outcome, victims and their families must be acutely aware of the legalities surrounding the injury. 

Understanding your rights to initiate legal proceedings is essential, and this overview aims to explore the principles and parameters involved in filing these claims, shedding light on the eligible parties who can initiate a lawsuit in such cases. If you or a loved one is a victim of malpractice, a Tampa birth injury lawyer can help you seek the restitution you deserve. 

The Victim

The primary right to sue falls into the hands of the victims themselves. These individuals have directly suffered physical, emotional, or financial harm due to the medical negligence that led to the birth injury claim. A Tampa birth injury lawyer can assist them in seeking compensation for injuries such as organ damage, fractures, nerve damage, emotional distress, or any other life-altering consequences resulting from the incident.

The Mother of the Child

In the case of the mother experiencing harm or injury during childbirth, she has the right to sue the hospital or healthcare professional for medical negligence. Filing a lawsuit for medical malpractice is an option when the healthcare provider does not promptly address complications during delivery. 

To establish a claim, the victim must demonstrate that the healthcare provider breached the standard of care owed to her and the child. It is crucial to show how this failure harmed both parties. Typically, negligence is proven through expert testimony and medical records.

Primary Beneficiaries

The primary beneficiaries, typically the spouse or children, are next in line for the victim’s estate succession if the victim passes away due to a birth injury or an unrelated event.

Spouse

In some instances, immediate family members such as the husband, spouse, or partner can file a lawsuit for loss of consortium. This claim is made against the medical professional or hospital when the birth injury leads to an inability to enjoy intimacy, companionship, or emotional support with the affected spouse.

Family Members

When a mother dies during childbirth due to suspected medical negligence, the surviving family members, including the children, can pursue a wrongful death claim against the hospital or healthcare professional. Damages sought in such cases may include loss of financial support, funeral costs, pain, and suffering. Obtaining these damages can alleviate the financial burden faced by the family and help them recover more quickly.

These damages can alleviate the financial burden faced by the family. If obtained early and in full, they can help the family get back on its feet quickly.

Parents and Grandparents

In some situations, the parents or grandparents can take legal action for the injured child. They can file a birth injury lawsuit for the harmed mother and child. This action is based on the legal principle of guardianship, which grants grandparents the authority to protect the rights and interests of their family under specified circumstances. The grandparents have the authority to make decisions on behalf of the victim, including initiating and assisting with legal proceedings when the injury physically or emotionally incapacitates their child.

Secondary Beneficiaries

Secondary beneficiaries can only bring a lawsuit on behalf of the victim if there are no primary beneficiaries or if the primary beneficiaries are unwilling to pursue the case.

Extended Family

Extended family members, such as aunts, uncles, or cousins, may not have inherent legal standing to file a birth injury claim on behalf of the victim. However, if the injuries result in the victim’s death or place them in a situation requiring constant care and support, they should consult a personal injury lawyer.

It’s important to note that the specific laws regarding who can file a birth injury lawsuit, which may turn into a wrongful death lawsuit, can vary by state. The eligibility of extended family members is fluid in these cases. Immediate family members are given top priority, but extended family members named as guardians or beneficiaries can take the lead if they are absent or unwilling.

Published by HOLR Magazine.