Could you sue a hospital if they were required to perform a newborn hearing screening/did not and later you find your child is hearing impaired?

Get Legal Help Today

 Secured with SHA-256 Encryption

Could you sue a hospital if they were required to perform a newborn hearing screening/did not and later you find your child is hearing impaired?

Asked on July 28, 2012 under Malpractice Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is nothing preventing a parent from suing a hospital for failing to conduct a new born hearing screening after it is discovered that the infant has hearing impairment. The chances of being successful in establishing both liability and damages based upon what you have written seems remote for the parent.

The reason is that the child was born with the hearing problem. Unless it can be proven that had the test been performed by the hospital and the problem discovered where treatment could have been given to prevent further loss, the parent seems to have an uphill battle.

I suggest a personal injury attorney practicing in medical malpractice be consulted for a closer review of your matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption