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Who can be held legally responsible for birth injuries?

By Rheingold Giuffra Ruffo Plotkin & Hellman LLP

The birth of a child is one of the most momentous and joyous occasions that life can bring. This new life is filled with hope and promise and will become the center of your universe. So when that life is forever altered by the negligence of someone else, the results can be devastating. The delivery process is so delicate and requires such attention, that any misstep can lead to birth injuries like:

  • Hypoxia, a deprivation of oxygen to the body
  • Severe brain or nerve damage
  • Cerebral Palsy
  • Infections
  • Erb’s Palsy
  • In the case that the mother is experiencing eclampsia or preeclampsia and there is a delay, both the mother and baby at risk for serious injury or even death

When an infant experiences any sort of complication, parents can be left with questions. How did they happen? Is there anything we could have done to prevent it? How are we going to pay for the medical bills?

The answer to those questions depend on a number of factors, but knowing who is responsible can go a long way in recovering damages. Keep in mind, it’s not just medical doctors that can be held legally responsible:

  • The hospital can be included in a medical malpractice lawsuit for direct negligence or even the negligence of its employees.
  • Nurses and anesthesiologists can be held responsible if something they did, or didn’t do, caused the issue.
  • Pharmaceutical companies may be to blame as well if one of their medicines caused harm.

If you think a birth injury may have been the result of negligence, an attorney might be able to help you get compensation.

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