Liability
There are two main stories that courtrooms hear repeatedly in birth injury cases. The first is that a doctor failed to respond to the presented conditions in a reasonable way. This might mean that the doctor misused medical equipment like forceps or that he or she did not perform a cesarean section where another doctor definitely would have. The second story is that injuries were caused by improperly prescribed prenatal care. When pregnant women are prescribed the wrong drugs, or the wrong amount of drugs. Under the guidance of a pharmacist or doctor, they don’t expect harm to come to their baby. In an instance when pharmaceuticals caused injury, the pharmacist, doctor or a pharmaceutical company may be held liable for any injurious birth defects.
Since many different parties may be responsible for birth injury, medical malpractice claims in these cases are incredibly complex. The hospital may be held liable for injuries sustained for failure to adequately investigate new doctor or nurse hires. A hospital may also be found vicariously liable if the doctor or other hospital employee was acting within his or her normal work duties when the injury occurred.
Pharmaceutical companies may be held liable for cases in which a prenatal prescription drug can be proven to have caused injury to the newborn. In some cases, if the company listed adequate warning about the side effects of using the drug during pregnancy, it may not be held liable. Failure to warn consumers and doctors of the dangers, however, may lead to successful claims against the company.
Proving a Missouri Birth Injury Claim
The main component of a successful birth injury claim is proving that a care provider did not give the mother or baby reasonable and adequate care or advice during the pregnancy or delivery.
The plaintiff must also prove that a doctor or care provider acted against or under the established standard of care that has been accepted in the medical field. Expert medical testimony is normally an essential component of proving this negligence.
