Children are amongst the most vulnerable members of the human population. Unable to defend themselves, these individuals have to rely on the care of others in order to remain free from harm. Though most parents are able to do this over the course of time, even parents can lose control of their child's safety at the time of birth. In these instances, a baby's well-being is left to doctors and nurses who, we all hope, are adequately trained, experienced, and alert. Unfortunately, though, this is not always the case.
In some instances, medical professionals make mistakes that lead to significant harm. A child can be left permanently disabled or even dead as a result of medical malpractice. Coping with the aftermath of one of these instances can be difficult, as the child's physical and emotional pain can be significant, and the parents' financial losses can be exorbitant.
So, if your child suffers a birth injury caused by a medical professional's negligence, then you might be wondering what you can do to hold them accountable and recover you and your child's losses. In many instances, filing a medical malpractice lawsuit can be beneficial, but against whom, exactly should you file suit?
It really depends on the circumstances. The negligent doctor or nurse who caused your child's injuries can certainly be named in the lawsuit, but so, too, could the hospital for which he or she works. There are many ways in which hospitals can be held liable. For example, if the hospital fails to adequately maintain medical records or fails to properly staff their institution and those errors led to your child's injuries, then the hospital may be held responsible, in addition to the individual who caused the harm to occur.
Source: FindLaw, "Responsible Parties in Birth Injury Cases: Who Can Be Sued?," accessed on Feb. 12, 2016