Who Can Be Sued When a Birth Injury Takes Place?
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.