Who Can I Sue in a Birth Injury Case?

Birth injuries are serious for a baby or a parent. They often occur during the birthing process, and sometimes they result from medical negligence. These injuries can result from improper use of medical tools, failure to monitor fetal distress, or lack of necessary procedures like a cesarean section.

Legal action can help cover medical expenses and improve the injured child’s quality of life. A birth injury claim could allow your family to recover financial compensation for those costs.

A birth injury lawyer can conduct a case evaluation to explain your legal options. They will work with medical experts and provide legal advice as to whether your situation warrants legal action. Once you enter into an attorney-client relationship with a lawyer, they will pursue justice for your child’s birth injury.

This article defines birth injuries and what parties may be responsible for medical negligence for birth injuries.

Types of Birth Injuries

Unlike a birth defect, which occurs in utero, birth injuries result from an injury during birth or delivery. A birth injury impacts a child who would have otherwise been healthy.

A medical malpractice lawsuit is available in cases of birth injuries resulting from negligence. Medical providers whose acts or omissions fall below the applicable standard of care can face liability for birth injuries.

Common birth injuries and conditions include the following:

• Birth trauma caused by excessive force used during the birthing process
• Severe brain damage caused by untreated jaundice
• Spinal cord injuries
• Failure to monitor for fetal distress, including fetal heart rate and lack of oxygen leading to oxygen deprivation
• Failure to perform a cesarean section when a c-section when is medically necessary
• Medical errors caused by improper use of vacuum extractors or forceps
• Brachial plexus injury
• Shoulder dystocia
• Brain damage
• Brain injuries causing conditions such as cerebral palsy
• Erb’s palsy

If you are unclear whether a birth injury is eligible for compensation, it’s a good idea to get a case review. A birth injury case can be a medical malpractice personal injury lawsuit.

A personal injury lawyer with experience handling birth injury claims can help you understand your family’s options, including who a plaintiff can sue. If the birth injury resulted in death, a plaintiff can bring a wrongful death claim.

Who Can You Hold Responsible for Birth Injuries?

Medical professionals are not the only parties that can be held liable for a birth injury or medical malpractice claim. It applies to other types of parties as well, including the following:

• Nurses and medical staff
• Healthcare facilities
• Pharmaceutical companies
• Others that provide health care services

It can be challenging to know who to sue for a birth injury. A lawyer can analyze your situation and bring a lawsuit against all potentially liable parties. Birth injury liability can often be assigned to the categories below.

Medical Professionals Who Cause Birth Injuries

Medical professionals are typical defendants in a claim for birth injuries. Medical professionals can include:

• Doctors
• Nurses
• Physician assistants
• Anesthesiologists

Other healthcare providers can be liable for birth injuries as well.

Negligent Hospitals

In medical malpractice actions, hospitals can be held directly liable for negligence. Hospitals must hire individuals trained to provide competent medical treatment. A hospital must reasonably inquire into an applicant’s licensing, education, and training before hiring its medical staff.

Hospitals also grant privileges for healthcare professionals to practice there. As such, hospitals can be held vicariously liable for their employees’ negligent acts. Vicarious liability means a party is held responsible for the negligence of another.

Pharmaceutical Companies and Medical Device Manufacturers

Sometimes, a manufacturer may be liable if a drug or medical device causes a patient’s injuries and they fail to warn physicians of side effects or dangers.

A drug and medical device manufacturer’s primary duty is to physicians. In most cases, a manufacturer will not be liable for a patient’s injuries when it adequately informs the physician of all risks associated with a particular drug or device. The physician is primarily responsible for advising patients of risks and side effects of a medication or medical device they prescribe.

Damages in a Birth Injury Case

Several factors determine the damages available in birth injury cases. Legislation in some states limits the amount of certain damages in medical malpractice cases. However, economic damages are not limited to a specific amount.

Economic damages help cover costs such as:

• Medical care
• Medical bills
• Meeting a child’s developmental and care needs
• Improving the quality of life for a child living with a disability
• Lost wages for parents

A plaintiff may be able to receive compensation for medical expenses and lost future earning capacity, among other damages.

Who Is Responsible for Birth Injuries? Get Answers From an Attorney Today

If the birth of your child resulted in an injury, you may have a malpractice claim against the hospital, obstetrician, or other party. Knowing who the potential defendants in a medical malpractice case are is good. Yet, you might not be sure you have a valid case to pursue.

This is when consulting with a medical malpractice attorney is a good idea. They’ll examine your case, explain your options, and make sure you file before the statutes of limitations expire.