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Third Party Liability Claims in Birth Injury Cases

The cause of birth injuries can frequently be attributed to medical malpractice. In most cases, the delivery doctor and their staff will be primarily responsible for the damages resulting from a birth injury. However, there are other parties who could be held liable in birth injury cases.

The Hospital’s Liability

As the entity that is responsible for the delivery doctor’s employment and operations, the hospital where a birth injury occurred can also be liable for damages.

Hospitals have a responsibility to hire the best, most competent doctors they can find. Any oversight during the hiring process could potentially contribute to birth injuries in the future. For example, a hospital that hires an inexperienced doctor to deliver babies could be liable if the doctor’s ignorance of certain procedures caused an injury.

Once a doctor is hired, the hospital must provide them with the administration and resources needed to help them be successful. A hospital that does not do this fails its employees, and as a result, fails its patients. If there is evidence that the hospital’s negligence contributed to a birth injury, they could be held liable for damages.

Liability of Drug and Medical Device Manufacturers

In cases of birth injuries that were caused by a dangerous drug or medical device, the company that manufactured the defective product could be liable for damages. This may include defects in delivery tools like forceps, or errors with monitoring equipment that leads to a misdiagnosis. Medications are used during deliveries for pain management or to ease labor. Issues with these drugs can cause severe injury to a birthing mother and her baby, and the pharmaceutical company could be held liable as a result.

The Law Office of Michael R. Green, PLLC protects the rights of families who have been impacted by birth injuries. It is our goal to recover compensation for your pain and suffering and provide the resources you need. Contact our firm to discuss your case.

If you are interested in filing a birth injury claim, send us a message or call (918) 201-1810 to schedule a no-cost case evaluation.

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