In one of our previous posts we observed that if a child suffers a birth injury, the effects are felt for a lifetime. It can be a physical and emotional challenge for everyone involved, parents and children alike.
Very often, even if parents have or find the inner strength to meet the demands of caregiving, they may lack the financial resources that may be needed to see that adequate care is available for as long as is needed. If the injury results from some negligence in the delivery of care during pregnancy or delivery, those responsible deserve to be held accountable. But how is that determined?
Experienced personal injury attorneys know that birth injury claims may be based on several factors. One is evidence of a failure by caregivers to deliver the generally accepted standard of care. Another might be traceable to the legal use of prescription drugs or other recommended medications during pregnancy. If warnings should have been provided and were not, a claim for recovery might be viable.
As you might expect, the potential defendants in such matters can be extensive. Much depends on the specifics of a given case. Following is a list of possible candidates.
- Hospitals: Facilities could be directly accountable for corporate negligence if it can be shown that staffing was inadequate. They might be found vicariously negligent if there is proof that there was a lack of due diligence in granting privileges to someone who was improperly licensed or incompetent.
- Medical Staff: The roster of a medical care team can be extensive, including doctors, nurses, nurse practitioners, anesthesiologists, physicians assistants and lab technicians. Each has his or her own responsibilities and could be liable if there’s a failure to deliver care or question care that might be dangerous.
- Pharmaceutical companies: Manufacturers of drugs have a responsibility to warn doctors of potentially dangerous side effects. Presuming that’s done, it falls to the prescriber to advise patients of the risks. If a drug proves to be unreasonably dangerous, however, the company might be liable for failing to give proper warning.
If your child has suffered a birth injury, be sure of your options for compensation and possible recovery. Speak with an attorney to learn more.
Source: FindLaw, “Responsible Parties in Birth Injury Cases: Who Can Be Sued?” accessed Oct. 22, 2015