Witnessing the birth of a child is one of the most exciting experiences a person in Montana can experience. Naturally, if a child suffers a birth injury due to a doctor's negligence, distraught does not even begin to describe how his or her parents would feel. Fortunately, the parents have the right to seek to hold the careless doctor accountable in this situation by filing a personal injury claim.
Birth injuries are different from birth defects in that injuries typically happen when something goes wrong during the process of delivering a child. By contrast, birth defects typically arise prior to the child's birth as a result of something that happened before or during the mother's pregnancy. In the case of injuries, a doctor may be responsible for them if he or she fails to assess a woman's condition during pregnancy or delivery.
Birth injuries can also happen if a doctor does not respond adequately to complications that arise during the delivery process. In other words, the doctor has not performed his or her duties in a manner that aligns with the standard adhered to by other people with similar experience and training. A commonly used term for this is medical malpractice.
Montana parents whose children were injured during the birthing process are entitled to seek the reimbursement of damages through personal injury claims. In these scenarios, liability -- or financial responsibility -- must be proved in civil court before damage claims will be adjudicated. A claim that is fought successfully may result in financial damages that might help to cover an injured child's ongoing medical care costs and other related losses.
Source: findlaw.com, "Birth Injury FAQ", Accessed on May 12, 2018