No parent is prepared for their child to suffer an injury resulting from medical negligence while in the womb, during the labor and delivery process, or after entering the world. Unfortunately, many parents in Oregon have been forced to come to grips with such a reality. Not only are they left trying to figure out how to move forward after such an event, but all of them also want to know who can be held responsible for the birth injury.
First, let’s look at medical providers. It is their job to monitor mothers and their babies throughout pregnancy, birth, and in the hours to days afterward delivery. Doctors, nurses, nursing assistants, medical assistants, doulas — they all have been trained to act in the patient’s best interests, but they are human and make mistakes. When those mistakes are the result of negligence, the providers responsible may be held accountable for their actions.
Second, let’s look at facilities. Some women give birth in hospitals, and some choose to deliver in specialized birthing facilities. Both types of facilities may be held responsible if their staff cause a mother or child to suffer birth injuries.
Finally, third, let’s look at pharmaceutical companies. Many women and their babies need pharmaceutical intervention. Unfortunately, the various drugs used to treat these patients have some dangerous side effects.
Pharmaceutical companies are required to warn prescribing physicians of these side effects so they can make informed decisions before using these medications. Physicians then have the responsibility of passing the information along to patients so they can make informed decisions regarding their care. If manufacturers fail in their duty of care, they may be held responsible if a mother or her child suffers an injury because of the use of their drug.
Seeking relief following a birth injury can prove a challenging task for many families in Oregon. Thankfully, legal counsel is here to help. An experienced birth injury attorney can review the details of one’s case, help one determine who may be held responsible for one’s losses and assist one in filing the appropriate legal claims in civil court.