Who Can Be Sued for Birth Injuries?greylawpi2021-07-29T11:12:35+00:00
Who Can Be Sued for Birth Injuries?
Who Can Be Sued For Birth Injuries?
A birth injury is an injury to a baby that occurs before, during, or directly after childbirth. Some injuries, like swelling or bruising, fade away quickly and leave no lingering problems. Other injuries, though, may cause lasting pain and disability to the baby as well as to his or her family.
If a birth injury was the fault of the medical team, parents may want to consider filing a lawsuit to help pay for the cost of caring for their child as well as for punitive damages.
For instance, you’ve probably already thought of filing a lawsuit against the doctors and nurses involved in the birth, but there are other agencies you can pursue as well.
One of these agencies that typically has deep pockets is the hospital or birthing center where the birth took place. Hospitals may be held negligent in two ways. First, they may be charged with “vicarious negligence,” meaning that while the hospital itself did nothing wrong, it must take responsibility for its employees, like doctors, who behaved in a negligent or harmful manner.
Second, a hospital may be guilty of “corporate negligence” if that hospital itself overlooked key factors that might have led to a better outcome. For instance, if the hospital did not adequately screen its staff and, as a result, hired a doctor with a history of incompetence.
An experienced attorney can help strengthen your case; as they can conduct investigations and determine whether the hospital, as well as individual employees, may be negligent.
Another entity that may be sued following a birth injury is a pharmaceutical company if a drug that the company produces caused or worsened the birth injuries. In order to make this case successful, the person bringing the suit must show that the drug caused harm. It must also show that either the manufacturer should have known about the harm and didn’t, or that the manufacturer knew about the harm and did not warn physicians that a bad outcome could occur.
If you have a baby with birth injuries and if you are looking for a lawyer, call Grey Law for support and guidance. By speaking to a Los Angeles personal injury attorney, you will get the help you need to make the strongest case possible against the appropriate defendants.
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