The birth of a child is easily one of the most anticipated moments in any Pittsburgh parent’s life. Months, and sometimes even years, of preparation happen before the birth of a baby. Most parents never see the tragedy of an injury sustained at birth before it is too late. Sometimes this is at the fault of someone who was responsible for that child’s well-being at the time of the birth.
When responsible parties are mentioned in connection, most parents think of the delivery doctor who physically delivered the child into the world. However, there are many parties involved either in conjunction with or behind the doctor who does the delivery. For example, the hospital that employs the doctor could be held liable for a birth injury. Also, a pharmaceutical company could be held liable if they are somehow connected to a birth injury.
Of course it is entirely possible that the delivery doctor is solely responsible for a terrible birth injury such as shoulder dystocia, cerebral palsy and other long-term injuries. However, it is important that those seeking reparations consider the whole picture. Hospitals can be vicariously liable for their employee since they are held as their superior and their hiring manager. This connection can mean vicarious liability for the hospital as well as liability of the practicing physician.
A child’s birth injury is oftentimes a life-long disability that will require more medical appointments, medication or physical therapy that otherwise healthy born children won’t need. For this reason, Pittsburgh parents may be interested in obtaining compensation for the personal injury sustained to the child. Medical malpractice claims are often placed in order to recover for irreparable losses sustained to a child.
Source: FindLaw, “Responsible Parties in Birth Injury Cases: Who Can be sued?” Accessed Aug. 31, 2015