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Understanding Duty Of Care In An Infant Wrongful Death Case

Thursday, May 18, 2017

When a new baby is born and a doctor may have caused their death, it is an emotionally devastating situation. Lawsuits for this kind of wrongful death case can be very difficult for parents to pursue on their own. This is particularly true if they don't understand the nature of the doctor's duty of care.

What Is Duty Of Care?

A physician that provides treatment to patients has what is known as a duty of care. This duty means they are responsible for ensuring that your infant doesn't suffer from any injury or death while they are being treated. It is a very serious legal responsibility.

Breach Of That Duty

In these cases, the doctor must have breached their duty in a serious way. The baby can't simply have died due to natural causes or circumstances beyond the doctor's care. For example, a newborn with a hole in their heart may die when being delivered. That is not the doctor's fault and they cannot be sued for it.

However, if the doctor had noticed the hole in the baby's heart in an ultrasound and failed to provide adequate care during delivery, they may be liable. Other instances include mistakes made during delivery, such as adding too much painkiller.

Defense Can Be Harsh

The defendant in these types of cases will typically try to prove they did nothing wrong or that the parent was at fault. These can be very devastating cases for a parent to pursue, particularly if they plan on doing it alone or don't understand the statute of limitations on the crime.

Unlike murder, there is a limited amount of time you can pursue this type of case. So please don't hesitate to contact us to get your case in order.



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