Who Can Be Held Responsible Birth Injury?

June 1, 2019

By Grossman Green PLLC

When something happens to a child, the parents are the most distressed. Matters can be worse if the parents see that their child suffered an injury at the time of birth. In many cases, unfortunately, birth injuries are the result of medical negligence. In those cases, the parents may be entitled to claim compensation from the parties responsible for the negligence, per the provisions contained in Kentucky laws.

Many parents often have a question regarding who they can hold responsible for a birth injury that their child suffered. Those parents should know that legal action over a birth injury can be filed against several parties that may have been involved in the birth procedure and the birth injury. Examples would include the hospital, the hospital staff, the physicians and also pharmaceutical companies.

If it is evident that the hospital was liable for a child’s birth injury, the parents can bring an action against the hospital. They can also hold the hospital “vicariously” liable if it is evident that the birth injury was a result of negligence on the part of the staff employed by the hospital. Parents may also file a lawsuit against a pharmaceutical company or a medical equipment manufacturer if it is evident that a drug or equipment caused the birth injury and the respective company failed to issue adequate warnings.

Filing a claim for a birth injury can appear straightforward, but the actual exercise is often both time-consuming and complicated. The reason for this is that medical malpractice claims need to be backed by solid evidence that is backed by experts.