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Who can be held responsible after a birth injury?

The news that parents are expecting a bundle of joy is some of the most anticipated and exciting news in a parent's life. However, most parents never dream that their child could be the victim of a birth injury due to medical malpractice. Understanding how these injuries could potentially occur and who might be responsible for them is the key to receiving reparations.

A birth injury or medical malpractice claim is not only limited to the conduct of medical doctors. It can also apply to nurses, anesthesiologists, health care facilities, pharmaceutical companies and others that provide health care services.. While one party could be responsible, families that have been affected by a birth injury need to understand that there are often multiple parties at fault for one instance of birth injury.

This of course can greatly increase the amount of reparations that can be made. This is because multiple parties may have to contribute for the pain and suffering, medical expenses and long-term care that babies suffering from birth injury often are subjected to.

Hospital negligence and vicarious liability come into play when a doctor made an error that caused the injury to a child a birth. Vicarious liability works when the hospital is held responsible for employing the doctor who caused the injury.

No one can change the fact that your child's life has been altered irreparable after suffering a birth injury. However, some of the injuries and damages suffered could be placed on the responsible party. Navigating a medical malpractice claim can be difficult and emotional to navigate, however, it is important that parents are aware of their rights and options following a birth injury.

Source:, "Responsible parties in birth injury cases: Who can be sued," Accessed Dec. 21, 2015

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