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Birth injuries refer to the harm or injuries infants suffer either in pregnancy, during childbirth, or just after birth. These damages can range from minor, temporary concerns to severe, lifelong disabilities. In Nigeria, and specifically Port Harcourt, birth injury cases come under personal injury law and are usually handled by tort law, which involves proving a duty of care, the breach of this duty, and resulting harm.
Seeking legal advice is essential when you believe your child's birth injury is due to medical negligence. Lawyers specializing in this field can help investigate the incident, gather evidence, engage expert witnesses, calculate the accurate compensation considering current and future medical expenses, and ultimately help navigate the complex legal process.
In Port Harcourt, the law requires health professionals to provide safety, quality, and standard care to patients. They are required to meet the standards expected of a professional with equal skill and knowledge. In the event of a suspected medical malpractice resulting in a birth injury, it's essential to present clear proof that the implicated healthcare provider's negligence directly resulted in the harm.
Common birth injuries due to negligence might include cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), bone fractures, and Facial nerve palsy.
Under Nigerian law, the plaintiff has six years from the date of the negligent act or omission to launch a lawsuit.
Typically, the process begins with the acquiring of medical records and consultation with medical experts, filing a suit, discovery process, settlement discussions, and if necessary, a trial in court.
Generally, compensation may cover harm suffered, medical expenses, future medical costs, pain and suffering, and in some cases, punitive damages.
Yes, you can sue a hospital if your attorney can prove that negligence from the hospital's end led to the birth injury.
It's advisable to consult with the Nigerian Bar Association or any legal clinics around to understand better and guide you through this process. Additionally, you can look at publications shared by the World Health Organization's Patient Safety resources that give a global perspective on patient rights and safety.
If you believe your child has suffered a birth injury due to medical negligence, immediately seek legal help. Find a competent lawyer specializing in birth injury cases who can guide you through proving negligence and subsequent actions.
