Who Can Be Held Liable for a Birth Injury?

The journey to parenthood is one of hope, preparation, and perseverance. While most deliveries lead to healthy outcomes, some births result in injuries caused by preventable mistakes. When a birth injury occurs, it can leave families grappling with emotional, physical, and financial challenges.

If your family has been affected by a birth injury, reaching out to an experienced birth injury attorney is crucial. An attorney can investigate what went wrong, determine liability, and fight for the compensation your family deserves—all while you focus on healing and adjusting to life after a traumatic birth experience.

Understanding Birth Injuries

It’s important to distinguish birth injuries from birth defects. Birth defects are often caused by genetic or environmental factors and occur during pregnancy. Birth injuries occur before, during, or shortly after delivery, often as a result of negligence or improper medical care.

Common examples of birth injuries include:

• Fractures (skull or other bones)
• Brain damage
• Cerebral palsy (affecting movement and mobility)
• Brachial plexus palsy (nerve damage affecting the shoulder or arm)
• Facial paralysis
• Umbilical cord injuries
• Epilepsy
• Fetal death, stillbirth, or infant death

While some birth injuries may heal with time, others lead to permanent disabilities requiring lifelong care. These challenges often place immense strain on families, both emotionally and financially.

Who is Responsible for Birth Injuries

Several parties play critical roles during the birthing process, and their responsibilities come with a legal obligation to provide proper care. When a birth injury due to medical malpractice occurs, liability may rest with one or more of the following:

1. Medical Professionals

This includes obstetricians, gynecologists, nurses, midwives, anesthesiologists, and other members of the care team. If a healthcare provider’s negligence contributed to a birth injury, they may be held liable. Examples of negligence include:

• Administering medications like Pitocin incorrectly.
• Failing to respond to distress signals from the mother or baby.
• Delaying a necessary C-section.
• Improper use of tools such as forceps or vacuum extractors.

Liability may also extend to postpartum care. Newborns and mothers require vigilant monitoring after delivery to prevent complications. Failing to detect or address health changes can lead to preventable injuries.

2. Hospitals and Birthing Centers

Facilities specializing in labor and delivery must meet high standards of care. They may be liable for birth injuries caused by:

• Inadequate staffing or untrained personnel.
• Faulty medical equipment, such as oxygen machines or delivery tools.

3. Pharmaceutical Companies

If a medication administered to the mother or baby causes harm, the drug manufacturer may bear responsibility. This liability arises if:

• The drug was improperly tested.
• The manufacturer failed to disclose known risks.

4. Medical Device Manufacturers

Delivery tools, fetal monitors, and other medical devices used during labor must be properly designed, labeled, and maintained. If a defective device causes a birth injury, the manufacturer may be held accountable for failing to ensure safety or alert hospitals to potential risks.

Why Hire a Birth Injury Lawyer?

For families facing the aftermath of a birth injury, legal representation can provide vital support. An experienced birth injury lawyer can:

• Investigate the cause of the injury.
• Identify responsible parties.
• Gather evidence to prove negligence.
• Fight for compensation to cover medical expenses, future care, lost income, and emotional distress.

Pursuing a birth injury claim can feel overwhelming, especially during such a challenging time. A skilled attorney can shoulder the legal burden, allowing you to focus on your child’s health and well-being.

How Paulson & Nace Can Help

The attorneys at Paulson & Nace have extensive experience handling birth injury cases in Washington, DC, and surrounding areas. We are dedicated to securing justice and fair compensation for families impacted by preventable medical mistakes.

We offer free consultations to evaluate your case and provide guidance on your legal options. Contact us today by completing our online form or calling 202-463-1999. Let us help you take the first step toward accountability and recovery.