Recently, a number of communities have been looking at the option of creating a birth injury fund to help children who are born with birth injuries. Although many supporters see this as a positive option, it creates several detrimental issues. First, the creation of a "no fault" fund would deprive children and their families the opportunity to seek justice in court. Having a "fund" rather than allowing victims to bring a civil lawsuit for damages deprives victims of the constitutional right to trial by jury. Further, the amounts awarded through a birth injury fund would generally be significantly less than recoverable by bringing a birth injury lawsuit. Victims and their families may be able to recover compensation to pay for a lifetime of medical costs, as well as pain and suffering by bringing a claim for medical malpractice. The just amount would be determined by a jury. Taking the decision out of the hands of a jury would eliminate this element of fairness.
Additionally, when a doctor, nurse or other health care professional acts carelessly or negligently and these actions cause harm, filing a medical malpractice lawsuit will hold the responsible party accountable. This helps deter future negligence and improve safety conditions. A no fault fund would eliminate this deterrent.
In California, if your child has suffered a birth injury, it is important to seek the advice of a dedicated birth injury attorney, who can provide you advice concerning your legal options and help you recover the compensation you deserve.
For more information, please contact the dedicated California birth injury lawyers at Bostwick & Peterson, LLP for an immediate consultation.