Schedule a Free Consultation 888-692-7403 203-800-7343
Lynch, Traub, Keefe & Errante, p.c.

$2.85 Million Medical Malpractice |  $2.5 Million Medical Malpractice | $12 Million Sexual Assault | $4.25 Million Airplane Crash | $2.15 Million Medical Malpractice | $2.3 Million Motor Vehicle Accident | $1 Million Motor Vehicle Accident | $1.25 Million Motor Vehicle Accident | $4 Million Motor Vehicle Accident | $3.9 Million Airplane Crash | $3.5 Million Motor Vehicle Accident | $3.25 Million Railroad Electrical Accident | $3 Million Negligent Hiring | $1.3 Million Medical Malpractice | $1.3 Million Medical Malpractice | $1 Million Medical Malpractice

Liability in birth injury cases

If your child was born with some kind of preventable birth injury that was caused by a medical professional’s negligence, you may be looking to file a lawsuit for damages. But figuring out whom to sue or, more importantly, who will pay if you are successful, can be a rather difficult topic. In general, there are three different parities who could be held liable: the hospital, the doctor and the pharmaceutical company.

More often than not, the hospital itself will be held responsible in the event of a preventable birth injury. If the institution did not hire professionals qualified enough to handle a difficult birth and, therefore, you are injured, the institution itself would be liable under the doctrine of “corporate negligence.” This doctrine may also apply if the nursing staff was overloaded, causing mistreatment of a patient. If you have a private physician, and the hospital staff ignores their instruction — or follows it even though it would clearly cause harm — a medical malpractice suit may follow.

The doctor themselves may be held liable in some cases. Most of the time, this applies to professionals who are not technically employed full-time by the hospital, but rather work as contractors. But, if the institution does not properly vet the contractor’s credentials, they could still be held responsible for allowing that doctor access to patients.

Finally, pharmaceutical companies may be held liable if their drug causes a birth injury. This is most often the case if they did not give warning to your doctor about the side effects of the drug. As long as the dangers of the medicine have been made clear, liability will likely fall to the doctor or hospital.

This is a heavily truncated look at this form of liability, and therefore does not cover every detail. If your child was born with a preventable birth injury in Connecticut, it may be beneficial to speak with a medical malpractice law attorney to discuss your unique situation in detail. 

No Comments

Leave a comment
Comment Information

Contact The Attorneys Of Lynch, Traub, Keefe & Errante Free Consultation

When you are facing a difficult legal situation, you need to take immediate action to protect your rights and your ability to secure the resolution you want. The lawyers of Lynch, Traub, Keefe & Errante can help you.

Schedule Your Free Consultation Today Fill out the form below to contact us or call 888-692-7403

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response