If a child or mother is hurt during the birthing process, several different
parties can be sued by the patient or her family. Hospitals are the first
one to consider. Normally, they are responsible for their own doctors
and nurses, so they hold the liability for those medical providers. Hospitals
are normally held directly liable for their own negligence and are sometimes
held vicariously liable for the errors made by their employees, whether
that includes janitors, X-ray technicians or others.
Can a Pharmaceutical Company Be Held Liable for a Birth Injury?
Someone else who could be held responsible for an injury may be a pharmaceutical
company. Now, in most cases, these companies have a duty only to the health
care provider, but if the manufacturer doesn’t warm physicians about
the potential side effects or hazards of a drug, then the patient may
be owed a duty of care as well and be in a position to sue.
Who Can You Hold Liable at a Private Facility?
If you were attended to by a doctor or nurse outside a hospital, then that
individual may be liable for any medical mistakes made at a local clinic
or practice office.
For example, if your local obstetrician and gynecologist makes a mistake
by failing to order a test for a disease and it turns out that you’ve
been suffering from it, then that missed diagnosis can be considered medical
malpractice in some cases. In your situation, you’d be able to sue
the doctor alleging negligence or that the doctor didn’t perform
at a high enough standard.