Experienced Personal Injury Representation

Who is liable for birth injuries? 2 possibilities 

On Behalf of | Jan 27, 2023 | Birth Injuries

Safe delivery of a child is the dream of expectant mothers who always put their trust in nurses, doctors and hospitals. While most professionals and institutions offer quality services to ensure this dream comes true, some don’t.  

Mistakes in the labor room lead to a vast range of birth injuries that can affect your child for a long time. But who should you blame for these injuries?  Here are two parties that may be liable:

1. Your medical provider

If a doctor, a nurse or other healthcare provider in the labor room makes a mistake that injures your baby, they may be held fully responsible. 

For example, a doctor may fail to perform a C-section when needed or inappropriately, used forceps in the delivery or fails to identify signs of fetal distress. Medical professionals have a duty of care to patients. When such duty is not upheld, they may be liable for an injury.

2. The hospital itself

Some medical professionals are independent contractors, which means they are not employees of the hospitals they work at. As a result, the hospital may hold less liability, if not none, for their negligence. However, if the hospital was aware of the negligent reputation of the professional in question and still allowed them in your delivery room, they may be liable for your child’s birth injuries

Further, if the professional who acted out of negligence is the hospital’s employee, it may be more straightforward to hold the facility liable.

Birth injuries can lead to long-term physical and mental effects on both the child and the mother. If this was your experience, get professional help to investigate your case, determine liability and protect your rights and those of your child.