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

Who can be held responsible for a birth injury?

Parents know that there is nothing more heart-wrenching than seeing one's child in pain. For parents of children born with disabilities and serious health conditions, this experience is a particularly painful one.

Children born with medical problems need extensive treatment, and sometimes round-the-clock care. This is taxing on the parents mentally, emotionally, physically and often financially. These parents need help meeting their child's needs. If a child's condition is due to a birth injury, the parents may be able to recover compensation that will help them with their child's care.

Like other types of personal injury lawsuits, a birth injury lawsuit hinges on the legal concept of negligence -- specifically professional negligence, or medical malpractice. The question in these cases is whether the injury was caused by substandard medical care. If the care provider's care feel below professional standards, and this substandard care resulted in the injury, then the provider may be held liable for the damages caused by the injury.

What providers may be held liable in a birth injury case? The answer depends largely on the specific details of each case. In some cases, a doctor might be found liable. In others, a hospital might be held liable for negligence on the part of hospital staffers. (Employers can generally be held liable for harms caused by their employees in the course of their work duties.)

A pharmaceutical company may be held liable for injuries caused by defective medicine. In some birth injury cases, the medicine itself is not defective, but a pharmaceutical company can be held liable for negligently marketing it as suitable for pregnant women when in fact it was not safe for their unborn children.

The legal issues are complex, and birth injury cases can be difficult to resolve. However, they are important ways to hold negligent parties accountable, and to make sure families get the help they need.

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