In a birth injury case, there are a few different parties who can be held accountable. First, the hospital itself could be sued. It's typically vicariously liable for its employees, meaning that it takes responsibility when something goes wrong as a result of a doctor's or nurse's actions or other forms of negligence.
Hospital negligence itself also results in claims against hospitals. This is when a hospital doesn't verify a doctor's licensing or history, fails to have enough staff members on call or working at any one time and more. Failing to protect patients from harm opens up hospitals to claims against them, which is why they often take significant steps to stay staffed and ready for incoming patients.
Sometimes, a pharmaceutical company can be held liable instead. For example, if a drug given to you by a doctor was mixed incorrectly, that would be directly a result of the pharmaceutical company or pharmacy's compounding work. If the company failed to warn physicians about interactions that the medication could cause, that could also open the company up to liability.
Any time a medical mistake or medication error results in injuries to your or your child, whether it's during, before or after delivery, you have a right to pursue compensation for the suffering you or your child has been through. Medical mistakes that take place during pregnancy can lead to birth defects or illnesses or put you or your child at risk. Injuries at birth or after birth can lead to life-long complications that you must deal with in the future. Our website has more information on what to expect if you decide a medical malpractice claim is the right path.