When a child suffers a birth injury, the emotional toll on the family is profound. But beyond grief and confusion, parents are often left wondering: Who is responsible? Identifying the responsible parties in a birth injury case is a crucial first step toward pursuing justice and securing the resources your child may need for a lifetime of care.
If your child suffered a birth injury due to suspected medical negligence, our legal team is here to help you understand your rights. Contact us today to schedule a free consultation and find out if you have a case.
Trusted Advocates for Injured Children
Not every Los Angeles medical malpractice attorney has meaningful experience in handling birth injury lawsuits. These cases often involve complex medical records, expert testimony, and long-term care planning. Dr. Bruce Fagel is both a physician and a lawyer who focuses exclusively on medical malpractice cases. In the last two years alone, he has settled more than 40 catastrophic injury cases, recovering over $100 million for clients.
Understanding Liability in Birth Injury Cases
Birth injury cases often involve multiple individuals or institutions. Determining who is legally responsible means examining the entire course of care, from prenatal monitoring to delivery and postnatal care.
Here are the most common parties who may be held liable:
1. Obstetricians and Attending Physicians
Doctors overseeing the pregnancy and delivery are typically the first parties investigated.
They may be responsible if they:
- Failed to monitor fetal distress
- Delayed performing a necessary C-section
- Misused forceps or vacuum extraction tools
- Did not recognize or treat maternal infections
Their role is to manage complications and respond promptly to signs of fetal or maternal distress. A failure in judgment or delay in action can lead to preventable injuries such as hypoxic-ischemic encephalopathy (HIE), cerebral palsy, or brain damage.
2. Labor and Delivery Nurses
Nurses are responsible for monitoring the mother and baby during labor and reporting any abnormalities to the physician. They may be liable if they:
- Missed signs of fetal distress
- Incorrectly administered medication (e.g., Pitocin)
- Failed to escalate a critical issue in time
Even though they work under the physician’s orders, nurses must act independently and responsibly when complications arise.
3. The Hospital or Medical Facility
Hospitals can be held liable under the legal principle of vicarious liability for the actions of their employees, including doctors, nurses, or support staff. They may also face direct liability if:
- They failed to maintain safe equipment
- Staff were improperly trained
- They had unsafe staffing levels or protocols
In some cases, a hospital’s poor administrative decisions contribute to a chain of events that lead to birth injury.
4. Pharmaceutical Companies or Equipment Manufacturers
Though less common, drug manufacturers or medical device companies may be liable if a medication or tool used during labor caused harm due to a defect or failure to warn.
Every Case Is Unique
No two birth injury cases are the same. That’s why it’s essential to consult with a medical malpractice attorney who understands the nuances of both law and medicine. Holding the right parties accountable can help families recover damages for medical expenses, future care, lost income, and emotional suffering.
Call us today at (800) 541-9376 or complete our online form to schedule your free consultation. Let us help you get the answers – and the justice – you deserve.
