If your child has suffered a birth injury as the result of medical professional's negligence, you may be able to bring a medical malpractice lawsuit on his or her behalf. In general, where a health care provider such as a doctor, nurse or medical staff fails to act in accordance with the requisite standard of care (i.e. the care expected of someone in that position) and a patient suffers harm, the caregiver may be held liable and responsible for paying damages. By filing a claim for medical malpractice, he or she may be able to recover compensation including past and future medical expenses, pain and suffering, and emotional distress. Further, the lawsuit may have the effect of helping improve the safety of patients in the future by identifying problematic practices and behaviors, including communication failures, preventable complications and other human errors.
Recently, some jurisdictions have discussed the implementation of no-fault health/birth injury courts. However, these courts would do a great disservice to victims of medical malpractice. They would deny victims of their day in court and strip them of their constitutional right to a jury trial. Additionally, the recoverable damages would likely be significantly less and be decided may an appointed body rather than a "jury of your peers." Finally, the positive policy benefits in promoting safety and deterring bad conduct would be eliminated.
Thankfully, in California medical malpractice claims may be resolved by filing a civil personal injury lawsuit, which allows you the best opportunity to seek redress for your injuries. For more information or if you have been injured as the result of medical negligence, please contact the dedicated Los Angeles medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.
