When bringing a new little one into the world, parents often focus on the joys of this event. While doctors will prepare mothers about potential complications and issues that could occur during labor and delivery, she will likely still focus on the positive and disregard the possibility that these events could occur. Regardless if parents are fully prepared for any outcome or not, when a birth injury occurs, this is likely due to the negligence of a medical professional.
Who could be held responsible for a birth trauma? The most obvious parties to hold accountable for a birth injury are the medical professionals that treated the mother and infant during labor and delivery. Whether they failed to take proper or timely measures or were negligent in the care of the mother, physicians, nurses and medical staff could be held responsible for their errors and mistakes.
Because most babies are birthed in hospital, parents in California and elsewhere could hold a hospital liable when malpractice occurs. Because they are responsible for their employees through vicarious liability, a hospital could be a liable party in the event of a birth injury caused by a negligent medical professional.
Additionally, a hospital could be held liable for the negligence of a licensed or otherwise capable staff member. Thus, if a hospital knew or should have known about an incompetent staff member, the hospital could be held accountable for harm caused to a mother or newborn by this staff member.
Pharmaceutical companies could also face liability in a medical malpractice case stemming from a birth injury. If a pharmaceutical manufacturer failed to warn physicians of a drug's potential side effects or risks and a birth injury results because of it, liability could be placed on the pharmaceutical company.
When a baby suffers a birth injury, the infant's mother and father also suffer. No matter the cause or the severity of the situation, if a medical professional is negligent, a patient has the right to take action. A medical malpractice claim could help hold all liable parties accountable and assist with the recovery of compensation for damages and losses.
Source: Findlaw.com, "Responsible Parties in Birth Injury Cases: Who Can Be Sued?," accessed August 20, 2017