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Determining fault after a birth injury

Sometimes birth injuries happen naturally, due to genetic reasons or situations out of your medical provider's control. In other cases, birth injuries occur as the direct result of avoidable negligence.

If your baby was born with a serious birth injury, it's important to investigate the reason why. If a medical provider, doctor, hospital or company was at fault for your baby's injuries, you might be able to pursue financial compensation in court.

Potentially at-fault parties after a birth injury

There are different organizations, companies and individuals who might have caused your baby's injury through negligence or recklessness. Here are some of the most common parties that might be at-fault and liable:

The hospital: The hospital where your baby was born, or the medical facility that employed the physician that cared for you, could be liable for the negligence or recklessness directly. It could also be liable indirectly through the concept of vicarious liability -- which may become a factor when a company is financially responsible for its employees.

The physicians: If a physician fails to carry out his or her duties according to standard medical procedure and this results in an injury to your baby, your doctor could be negligent, at fault and liable for your baby's injuries.

The support staff: Nurses, orderlies and other staff members at a hospital or medical facility -- people who were assisting the physician -- could potentially be liable as well if their actions constituted negligent, reckless and/or unlawful behavior that contributed to your baby's injuries.

Pharmaceutical companies: If a drug company produced and sold a drug that caused your baby's injuries, and the company failed to warn you about potential complications associated with the drug, the drug company will likely be liable in your case. Alternatively, the drug company may have made errors in the manufacture of the drug that led to the firm being liable.

Consider all at fault parties before pursuing a birth injury case

It's important for those pursuing a birth injury lawsuit to think about all the potential at-fault parties in the case. The more liable parties you name in your suit, the better chances you'll have of receiving a financial recovery.

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