If an infant has been injured, the person responsible for the injury can be held legally responsible. There are many different ways an infant can be injured and the kind of legal action that is taken will be dependent on the nature of the injury.
- Product liability suit: If an infant is injured because of a defective product or bad food, it is possible to file a product liability suit. Product liability suits can be filed against any party in the chain from the maker to the consumer, so long as fault can be established. Manufacturers, sellers, baby product companies, and distributors are all potential defendants in a product liability suit.
- Parental negligence: Neglect occurs when a parent fails to fulfill a duty of care. A duty of care is the legal responsibility to meet certain needs of a vulnerable party such as an infant. Parental neglect can range from something a parent didn’t do to something the parent did do, but did incorrectly, partially, or inadequately. If an infant is injured because the parent failed to perform a duty of care, the parent can be held accountable for negligence.
- Medical malpractice: A medical malpractice case is also based on a physician’s duty to care. Doctors have a duty to care for the patients in the care. If a doctor violates or breaches the duty to care through improper medical treatment, unnecessary treatment, or treatment (or lack of treatment) that leads to harm that could have been prevented, that medical professional can be sued for malpractice. Successful medical malpractice suits must prove that the injury the infant sustained was directly caused by the improper treatment or lack of treatment. Medical professionals are held accountable by standards of reasonable care in their profession and by other peer reviewed best practices. Medical malpractice cases have a statute of limitations, so it is best to file your claim quickly.
Can Criminal Charges Be Brought for Infant Injury?
Yes. If a parent or other adult has injured an infant, criminal charges can be filed. The exact charges that are brought will be depending on the nature of the injury. Endangering the welfare of a child is a charge that can be brought even if an injury didn’t occur.
What Kind of Damages Are Awarded in Civil Suits?
Do I Need a Lawyer?
Yes. Whether the suit is civil or criminal, it is important to hire a personal injury lawyer to make your best case and advocate on your behalf.