Who can be held liable for a birth injury?
In Washington, there are several parties who may potentially be held liable for a birth injury, including physicians, nurses, hospitals, and medical device and pharmaceutical companies. Additionally, the mother may be found partially responsible or negligent in certain cases. Physicians, nurses, and other healthcare providers may be held liable if they are found to have failed to provide appropriate and adequate medical care during the delivery process. This may include, but is not limited to, failing to conduct a timely Cesarean section in the event the baby is in distress, failing to monitor the mother and baby’s vital signs, or administering the wrong dosage of medication. Hospitals may be held liable for failing to properly keep up with safety protocols and procedures, or for not having adequate personnel on staff to handle emergencies. This may include not having proper equipment on hand, or not taking appropriate steps to ensure the mother is in optimal condition prior to delivery. Manufacturers of medical devices and pharmaceutical companies may be held liable for any product defects or failure to warn about potential risks associated with the product. Lastly, depending on the circumstances, the mother may be found partially or fully responsible if she was aware of any issues during the pregnancy but did not seek corrective medical treatment. Ultimately, the liable parties will be determined through an investigation into the circumstances surrounding the birth injury. An experienced birth injury lawyer can help you understand your legal rights and options in such a situation.
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