Who else can I sue for my child's birth injury?

Question: Other than the OB/GYN, who else may be found liable for my child's birth?

You may file a lawsuit against anyone who has played a part in injuring your baby. For example, if a nurse or medical technician were involved, the hospital and anyone else who played a part may be sued. If the injury was the result of a problem with medication, then you may sue the pharmacist and or the pharmacy that was responsible for filling the prescriptions. If the injury were caused by a defect in a drug or medical equipment, you will be able to sue the manufacturer of these things. You can also sue the supplier if the injury were the result of improper maintenance.

If you are able to trace the injury back to your HMO, then you can also sue the HMO.

An HMO doctor may be sued for causing birth injury to your child. If the doctor is an employee of the HMO, a "vicarious liability" claim can be brought against the HMO. Vicarious liability means that there is a third party who did not directly cause the injury but is still responsible because of circumstances surrounding the incident. Most often, employers are responsible for the actions of their employees. In this case, the suit against the HMO would be claiming that the HMO was responsible for the doctor's malpractice because he was employed by them. It is worth noting that vicarious liability suits are rare.