Counseling You Through Life's Difficult Times

Who is responsible for my child’s birth injury?

Parents of children who were injured at birth understand the physical, emotional and even financial toll of living with a lifelong disability. For some of these parents, securing justice on behalf of their children is one of their highest priorities. In Maryland, this is often accomplished through a medical malpractice lawsuit. Medical malpractice suits are not just filed against doctors and nurses, though, as there may be other parties responsible for a child’s birth injury.

For example, it is possible to hold a hospital legally responsible. Hospitals must thoroughly vet applicants during the hiring process to be sure that they meet requirements for training, education and licensing. Hospitals that fail to conduct reasonable inquiries may hire unqualified candidates. Even a single unqualified candidate can cause serious and irreversible harm, so the hospital can be held liable for that person’s actions. A hospital may also be financially responsible for resulting rrors if it does not sufficiently staff its facility.

Doctors often administer drugs as they deem necessary during labor. If a particular drug has harmful side effects and injures a baby, then that doctor could very well be financially responsible. However, a pharmaceutical company might actually be responsible for that birth injury if it failed to warn doctors of a medication’s potential dangers or side effects. Pharmaceutical companies are supposed to thoroughly research all the potential side effects of their drugs and should know which are dangerous for pregnant and laboring women.

Regardless of a child’s birth injury, the typical parent in Maryland probably wants to see his or her child grow to be as happy and healthy as possible. This can be uniquely challenging for the parent of a child who must live the rest of his or her life with permanent injuries. This is why a medical malpractice suit may prove helpful to some, as any compensation from a successfully pursued claim can help address a child’s lifelong damages.