Who’s Liable for Birth Injuries: Doctors, Nurses, or Hospitals?
Finding out that your baby experienced a birth injury can come as a shock for a parent. In extreme cases, these injuries can lead to long-term medical conditions that your child may never recover from.
It’s completely understandable that you want justice for your child’s injuries. However, many parents don’t know who to file their claim against. This post will go through the most common culprits and how our lawyers can help you determine who’s at fault.
What Exactly Are Birth Injuries?
Birth injuries are any sort of physical trauma or medical complications that a baby experiences in their prenatal environment or during labor. Some of the most common birth injuries include:
- Skull fractures
- Bone injuries
- Nerve damage
- Cerebral palsy
- Spinal cord injuries
- Internal Bleeding
- Erb’s Palsy
Signs Your Child Has A Birth Injury
While some birth injuries are minor and babies make a full recovery, roughly 80% of them are classified as moderate to severe. Most children will show clear signs of birth injuries and may be forced to deal with medical conditions they may never recover from.
A few early signs your child experienced a birth injury are:
- Abnormal muscle tone
- Having trouble eating
- Difficulty moving
- Poor motor skills
- Seizures or twitching
Who’s Responsible For Your Child’s Birth Injuries?
With so many parties involved, it can be hard for parents to know exactly whocaused this issue. But in most cases, the responsibility will generally lie with:
The Doctor
Your doctor is the main person to rely on during your pregnancy and birth. They have a responsibility to make the right decisions to keep you and your child safe. One serious mistake, such as delaying a c-section or ignoring warning signs of birth complications, could be enough to hold them liable in court.
Pharmaceutical Companies
Pharmaceutical companies have a strict safety protocol to follow when producing medication, including anything related to childbirth. Unfortunately, this doesn’t always happen and can cause widespread injuries. From defective drugs to improper labeling, many potential medication risks can cause long-term damage.
The Nurse
A labor and delivery nurse is responsible for monitoring the baby’s and mother’s vitals and reporting any changes to the doctor. They’re also in charge of giving medication or helping the mother prepare to deliver the baby. If there’s a miscalculation during this process, the chance of a childbirth injury is much higher.
The Hospital
When you go to a hospital and give birth, they’re responsible for keeping a clean and safe environment for their patients. Unfortunately, some hospitals are understaffed, have poor sanitation standards, or hire personnel who are underqualified. Any of these reasons could lead to a higher incidence of birth injuries.
Seek Justice For Your Child’s Birth Injury
Knowing your child is suffering from a birth injury is a traumatizing experience you should never go through. We know emotions are running high, and you want to hold whoever’s liable accountable for their actions.
Our New York medical malpractice lawyers have helped parents fight for their children’s rights since 1952. We’ll review your case’s details, find who’s responsible, and make sure you get the compensation you deserve. Please contact us at (866) 574-0809 to schedule your free consultation today.