Personal Injury Claims in Relation to Injured Children
If you have recently picked up a newspaper, you will be completely conscious of the case involving the death of the young boy who lived in north London and is known as ‘Baby P’ in court and in the media. A jury at the Old Bailey has convicted the mother of the 17-month-old boy, who may not be identified for legal reasons due to age and privacy reasons (hence ‘Baby P’), of causing or authorizing his death. Two men were both accused of causing or allowing his death – one of whom was the mother’s father. If you would like to learn more about this, please check out Eric Ramos Law, PLLC.
This comes on the heels of the Garcia v East Lancashire Hospitals NHS Trust case in which a baby injured at birth tried to seek damages against the NHS Trust of East Lancashire Hospitals. In Garcia v East Lancashire Hospitals NHS Trust, the court investigated the cause of the injury to the child and ruled that the NHS trust involved was not negligent. The medical evidence involved would depend on challenging cases such as this.
In terms of infants, Garcia v East Lancashire Hospitals NHS Trust helped to draw attention to claims of personal injury. There are a broad range of reasons that someone can make a claim for personal injury, but few are as devastating as when a child dies or is injured at birth.
While the case of the 17-month-old boy identified as ‘Baby P’ was not one of personal injury, it highlighted that social workers had not done as well as they should have done for the child. Similarly, in Garcia v East Lancashire Hospitals NHS Trust, attention was drawn to the possibility that the hospital should have done better for the boy, although it was cleared of any wrongdoing in that particular case. A disabled child can cost large sums of money to raise for the parents and if the hospital has been incompetent, a lawsuit may be made to help support these expenses. While the connection between the action of the hospital and the damage was not identified in the Garcia case, and the court ruled that even if the child had been induced and the delivery had been earlier, there would still have been an injury, which was a stroke. A fair argument may be made in other instances, as it is essential that those responsible are held to account. The same happens if, when driving a vehicle, you are hurt at work because of an employer’s negligence or an accident.