Who may be held responsible for a birth injury?

Those liable in a birth injury lawsuit include hospitals, doctors, other healthcare staff, pharmaceutical companies, and manufacturers of medical equipment.

Any party who provided medical care or support for you during your pregnancy, labor, delivery, and immediately after your child’s birth may be held responsible for a birth injury.

Doctors aren't the only ones who may be liable for birth injuries. Other healthcare providers, hospitals, medical equipment manufacturers, and pharmaceutical companies may be liable as well. Parents may file a birth injury claim against the following medical professionals:

  • Doctors, such as the physician present during delivery or the surgeon who performed your C-section
  • Nurses, midwives, and other medical staff
  • Anesthesiologists
  • Obstetricians

Apart from medical staff, parents filing a birth injury claim may also hold hospitals and medical facilities responsible if their negligence caused the harm. The following are a few examples of possible failures that may have led to an avoidable birth injury:

  • Not following proper medical protocols
  • Providing insufficient training for their medical team
  • Failing to maintain medical equipment

Additionally, if a birth injury occurred because of defective or malfunctioning medical equipment, manufacturers of the device may also be held responsible.

Lastly, pharmaceutical companies may also be liable if the medication a mother took during pregnancy and labor resulted in a birth injury. In most cases, these companies may have been negligent by failing to warn about possible health risks and side effects of the drug they released.

Get legal support for your birth injury claim

A birth injury is devastating news for parents, especially when it could have been easily prevented. The Law Offices of Sean M. Cleary sympathizes with parents going through this trying situation. Know that you may reach out to us for the legal support you need in filing a birth injury lawsuit.

Call us today for a free consultation regarding your case. Let’s determine if you qualify for a claim, and if you are eligible, we can proceed to process your birth injury claim.