Some of the most traumatic, horrific types of medical malpractice cases are those involving birth injuries. The stark reality is that a birth injury can have a profound and life-long impact on a newborn child. If you have found yourself facing a situation involving a birth injury and your child, you undoubtedly want to find out more about your legal rights, about the legal rights of your child.
Determining Who is Responsible for a Birth Injury
A key task associated with a birth injury malpractice case is determining the parties that are responsible for the negligence and malpractice. In many cases, more than one party might be deemed responsible for a birth injury. The attending physician is highly likely to be the primary responsible party in a birth injury case. However, other healthcare providers involved in the labor and birth may also be liable or responsible for injuries.
Assuming the birth took place in a hospital, the medical center itself is also likely to be a responsible party. A growing number of births are taking place in other locations currently, including births involving midwives. If that is the case, a midwife can be identified as a responsible party as can the center at which the birth took place.
If an OB-GYN was involved in the earlier stages of a pregnancy, but not in the delivery, he or she might be held liable or responsible for injuries. For example, if the OG-GYN was negligent in missing a diagnosis that could … Read More