A birth injury is one of the most devastating events that can occur for a young family. Personal injury during delivery in Maryland is a serious issue, and victims who have suffered because of an error during labor deserve to be financially compensated. However, you may not know exactly which entities you can sue as a part of the birth injury litigation process. Today, we provide you with more information about the parties that may be held responsible for your child’s long-term injury.
You probably already know that the treating physician can be held accountable for an error during labor. However, were you aware that the hospital itself can also be sued? Hospitals are vulnerable to civil litigation under the doctrine of “corporate negligence.” This means that the hospital must have made some sort of administrative misstep. A wide variety of errors may qualify the hospital as negligent. For example, if the hospital failed to conduct adequate inquiries into a physician’s background and allowed an unqualified doctor to deliver a baby, the organization may be held liable.
Hospitals are also responsible for maintaining correct staffing levels to ensure the safety of their patients. Nursing shortages may make a hospital vulnerable to a civil claim. Further, if hospital staff fail to perform appropriate diagnostic tests, the organization may be to blame.
In addition to hospitals, pharmaceutical companies may also be held responsible for birth injury. Although these cases may be more limited in scope, victims may still be entitled to financial compensation from a negligent drug company. These cases generally hinge on the idea that birth injuries were caused by inadequate warnings.
No matter the cause of your child’s birth injury, you deserve answers — and you deserve appropriate compensation. Medical expenses for victims of malpractice can skyrocket, leaving patients with limited financial resources. You do not have to suffer alone after your child suffers a birth injury; an attorney can help you identify and seek compensation from the responsible parties.
Source: FindLaw, “Responsible Parties in Birth Injury Cases: Who Can Be Sued?” Sep. 30, 2014