Who Can You Sue Because of a Birth Injury?

Telare Law

Birth Injury Lawyer

Although asking who can be sued when a birth injury occurs seems like a straightforward question, the answer is complicated for many reasons. There are rules that apply to pregnancy, and other rules apply to the baby’s delivery. Add rules for misdiagnosis and surgical errors, and you can see the challenge associated with knowing who is responsible for the injury.

Medical Malpractice

A birth injury case must be established on a foundation of medical malpractice that resulted from the incompetence, negligence, or omission of a trained or responsible professional. The individual could be a doctor, a midwife, a hospital, or a treatment center, or someone working for a medical facility that managed the mother’s care. Here are a few examples of birth injury medical negligence issues that could result in a lawsuit:

  • Surgical errors
  • Misdiagnosis
  • Improper follow-up
  • Early discharge
  • Unnecessary treatment

There are many more negligence possibilities, including improper medication, abuse of power, and lack of attention. With all the possibilities for negligent actions surrounding a birth, it is easy to see how confusing the answer to the question about who can be sued is.

Suit Characteristics

No matter what injury the mother or baby suffered, unless the issue is the result of medical malpractice, the responsible party can not be sued. Most cases must involve one or more of the following issues:

  • Negligence caused the injury: Sometimes, a standard of care is violated, but that isn’t enough under the law to sue that individual or entity. The injury to the mother or newborn must be proven to have resulted from the negligent actions or inactions of the medical professional. In other words, the injury must be a direct result of that negligence.
  • Standard of care violation: Medical professionals are responsible for delivering an acceptable standard of care. When the care is inconsistent with medical practice standards, it must also be determined the actions were negligent and exacerbated the situation.
  • The injury was significant: In order to sue a medical professional or business, the damage must be significant because the lawsuits are extensive and long-lasting. Therefore, if hardship, significant loss, extensive medical bills, or disability can be proven as a result of the negligent actions of someone, a lawsuit can be pursued.

Birth Lawyer

If you believe you have a birth injury and medical malpractice case against a business or individual, a birth injury lawyer like one from Ward & Ward Law Firm can find out if you can file a lawsuit. If you or your baby suffered at the hands of an incompetent or negligent person or corporation, you deserve compensation. Arrange a consultation with a top lawyer today for legal assistance.