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Who Is Liable in a Birth Injury Case?

by The Beasley Firm  |  March 22, 2022  |  

Understanding Who May Be Held Legally Responsible for Your Child’s Birth Injury

No parent can imagine their child suffering harm during the labor and delivery process, particularly when that harm is the result of a healthcare provider’s negligence or medical malpractice. If your baby sustains an injury at birth, it may be challenging to know who can be held liable and how to pursue a legal claim against them.

At The Beasley Firm, we know the devastation that parents go through when their child suffers an unimaginable injury at birth. For over 60 years, we have dedicated our practice to helping families get the compensation they deserve from negligent hospitals, doctors, and midwives. 

If you believe that your child was injured at birth, contact our office for a free case consultation. 

Determining Liability After a Birth Injury

When a baby suffers a birth injury, one of the most important aspects is determining who should be held responsible for the damages. The best way to determine liability is to retain an experienced birth injury lawyer. A birth injury lawyer can help investigate the cause of your child’s harm and hold the parties accountable for their negligence or wrongdoing.

When a Doctor or Midwife Is Negligent

During labor and delivery, it may be a doctor, such as an obstetrician, or a midwife who cares for the mother and baby. These medical professionals should have years of experience handling births and should recognize problems that may arise during the process. Birth injuries often occur because a healthcare provider fails to identify and respond to signs of fetal distress, fails to diagnose or treat dangerous conditions, and fails to prevent prolonged labor.

When a doctor or midwife fails to properly perform the roles of the job and puts individuals at serious risk of harm, a birth injury can result. They can be held responsible for the birth injury, whether they fail to monitor the baby, fail to identify the need for interventions, such as an emergency C-section, or even act with recklessness during the labor.

When a Hospital Is Negligent

In addition to doctors, nurses, and other healthcare providers, the hospital itself may be held liable for your infant’s birth injury. Hospitals may be held liable for their own negligence and the negligence of their employees. 

In birth injury claims and other medical malpractice cases, it is not uncommon to file a lawsuit against the hospital and the individual healthcare providers who caused the harm. In order to determine who should be held liable for your child’s birth injury, you should consult with a lawyer as soon as possible after the harm is discovered.

Contact Our Office for a Free Birth Injury Case Evaluation

Our Philadelphia birth injury attorneys are fully aware of the long-term impact of a birth injury, and we recognize that anyone responsible for the damages should be held fully accountable. We take the necessary steps to build a strong case for families who deserve compensation. 

We have over 60 years of experience with highly complex birth injury claims and have recovered hundreds of millions for injured children. When it comes to birth injury matters, you have a trusted ally in The Beasley Firm. Contact our office for a free consultation. All case evaluations are complimentary and without obligation to retain our services.

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