Medical Malpractice - Rights of the Family
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If parents believe that their child is the victim of medical malpractice or negligence, then they can bring a lawsuit on behalf of the newborn baby. However, the family also has rights and may be entitled to recover damages based on the sustained injuries or birth defect. They can request reimbursement for out-of-pocket expenses related to the child, as well as their own personal pain-and-suffering. There is a loss of anticipated future services that the child will not be able to provide due to the birth injury or defect, and this is also taken into account by the courts.
Treating birth defects and injuries is a long-term process that may last for the rest of the child’s life. It can include everything from immediate medication in the delivery room to ongoing surgeries throughout the child’s formative years. Parents don’t want their children to enjoy the best possible quality of life, but achieving that can become painfully expensive. The family has the right to seek compensation to help them cover these and other expenses over the course of the child’s life.
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