Robert A. Solomon, P.C.
Two Offices Serving
New York and New Jersey

Who can be sued for negligence and medical malpractice?

If you or your child are injured during, before, or after delivery, then you may be in a position to make a claim for a birth injury and medical malpractice. There are several people and entities that can be held accountable for your injuries, so it's important to speak with your attorney about who you want to file a lawsuit against.

The first, and likely most obvious, entity you can sue is a hospital. You were there with your child, and it's under the hospital's management that you were hurt. Hospitals can be held liable for the injuries you suffered due to their own employees' behaviors.

If the hospital itself was negligent in some way, you can hold it accountable for corporate negligence. For instance, if a hospital didn't take the time to properly check the credentials of a doctor who turned out to be unlicensed, then the hospital could be accused of corporate negligence.

Another entity that could be held accountable for your injuries is a pharmaceutical company. This is particularly true in cases where the companies didn't warn physicians about drugs having dangerous side effects for mothers or their children. Normally, the pharmaceutical company is responsible for giving information to a physician, so you may have to hold the physician accountable for the injuries and then seek to hold the manufacturer liable as a result.

The last group of people you can personally sue includes doctors, nurses, and medical staff members. These are people who work directly with you; normally, a hospital may be held vicariously liable, but you can also make a suit against the individual if you prefer.

Source: FindLaw, "Responsible Parties in Birth Injury Cases: Who Can Be Sued?," accessed Dec. 29, 2015

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