The birth of a baby should be a joyful and healthy process. Although complications can arise, medical professionals across the country are trained in the best practices for identifying, treating and preventing ailments in babies and mothers when the labor and delivery processes begin. When they fail to do so, serious and life-threatening harm can result and infants can become victims of significant birth injuries.
Not long ago, the parents of a newly born baby filed a lawsuit against the Texas hospital where the infant was born. The parents allege that the hospital committed negligence and that the baby suffered a host of injuries as a result of the process. They claim that the child endured hypoxia, cerebral palsy and other birth-related traumas. The baby was eventually delivered via C-section.
The hospital has denied that it engaged in any negligent practices or that it is responsible for the harm that the child suffered. The details of this matter will need to be worked out in court, and this story offers readers a good overview of just how medical malpractice-based civil lawsuits move forward.
After a claim is filed, the defendant or defendants have the opportunity to answer the allegations that have been made. Those points that are not admitted must be addressed in court to determine if the allegations meet the requisite burden to avail the victim to damages. Civil lawsuits like the one these parents have filed can be complicated and can take months to resolve, and as a result many victims choose to get more information before pursuing their claims.