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Who should parents hold responsible for a birth injury?

Parents in Maryland usually feel that their children are the most cherished people in their lives. Therefore, if their child is harmed, the parents are devastated. It is especially painful for parents whose child was injured during birth and that child must go through life with a disability. However, if circumstances suggest that the birth injury was due to negligence, the parents may wish to pursue a claim for compensation over that birth injury.

While some parents in that situation may understand who is responsible for the birth injury, a large number of parents may have questions and doubts when it comes to filing a birth injury lawsuit. Those parents should understand that they may be able to file a lawsuit against the parties who had a role in the birth injury. Responsible parties could include hospital staff and physicians.

If the parents of a child who suffered a birth injury think that the hospital was liable for their child's injury, they may wish to go after the hospital as well. They may also hold a hospital "vicariously" liable for a birth injury if they think that the birth injury was a result of the negligence of the hospital staff. The parents may also pursue a lawsuit against a pharmaceutical company if it is evident that the pharmaceutical company failed to warn about a drug, which led to the birth injury.

While filing a claim for an injury during the birth may look simple on paper, the actual exercise is often challenging. That is because a medical malpractice claim needs to be solidly grounded in order for the petitioners to obtain a fair result, and that can only be achieved when the petitioners have strong supporting evidence. Since this post is not a substitute for the advice of an attorney, parents of birth injury victims may find it beneficial to retain an attorney who can provide legal counsel.

Source: FindLaw, "Responsible Parties in Birth Injury Cases: Who Can Be Sued?" Accessed June 6, 2015

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