Who Is Liable for a Birth Injury: Doctor or Hospital?

Birth injuries are devastating medical events that leave parents and their injured child extremely vulnerable. Some birth injuries happen because of very challenging circumstances. Others, however, are caused by preventable errors that the at-fault party, which can be a medical professional, the hospital, or both, can be held legally responsible for.

While nothing can erase the impact of the birth injury your child has suffered, a medical malpractice claim can help support you and your child on the path forward. Turn to an experienced medical malpractice attorney at Mette Law in Harrisburg, PA, for the help you need.

When Doctors Are Found Responsible for Birth Injuries

Often, a medical professional, such as the attending doctor, is determined to be responsible for birth injuries that are the result of medical negligence. The primary causes of these injuries break down into basic categories.

Diagnostic Errors

One of the most common causes of medical malpractice claims across the board is diagnostic errors. When it comes to birth injuries, failure to adequately assess either maternal or fetal health risks is often the underlying cause.

Late Assessment of Complications

Complications during childbirth are not uncommon. When they are promptly assessed and treated, they are far less likely to cause birth injuries, but when they aren’t timely assessed, they can cause irreparable damage.

Errors Related to C-Sections

Delaying the decision to perform a C-section or surgical errors made during a C-section are both closely associated with birth injuries.

Improper Use of Forceps or Vacuums

Forceps, vacuum extractors, and other medical tools are often used during delivery. When they are not used correctly, they increase the risk of birth injuries. 

When Hospitals Are Found Responsible for Birth Injuries

Sometimes, hospitals are found legally liable for birth injuries, and common concerns include the following:

• Vicarious liability, which creates liability for a doctor’s conduct based on hiring or allowing a doctor to use the hospital facility
• The negligent hiring of medical staff, such as nurses and physician assistants
• Inadequate staffing
• Failure to maintain sanitary conditions, failure to properly maintain the medical tools used during the labor and delivery process, and other issues with the facility or medical equipment
• Administrative negligence, such as inadequate record keeping or ineffective triage

Discuss your claim with a knowledgeable medical malpractice lawyer today.

Reach Out to an Experienced Harrisburg Medical Malpractice Lawyer for the Help You Need

If your child suffers a birth injury that could have been avoided if the standard of medical care had been maintained, you shouldn’t put off seeking professional legal counsel. Our compassionate Harrisburg medical malpractice attorneys at Mette Law have an impressive track record of successfully guiding even the most challenging claims toward favorable outcomes. We welcome the opportunity to serve you, and we encourage you to reach out for more information about how we can help by contacting us online or by giving our firm a call at 717-232-5000 today.