Serious birth injuries can be permanent or result in the death of a child. Unfortunately, sometimes birth injuries are the result of medical malpractice in a health care facility. Hospitals may not only be held liable for their own negligence but also may be held vicariously liable for their employees' negligence in New Mexico.
Medical malpractice claims filed by parents whose children have suffered birth injuries are not limited to medical doctors' conduct. Rather, these claims also apply to anesthesiologists, nurses and pharmaceutical companies. Hospitals may additionally be held liable for negligence in birth injury cases if they did not fully investigate attending physicians' credentials, for example. They may also be sued if they allowed doctors who they knew were incompetent to care for patients.
It is mandatory for hospitals to further ensure that an adequate number of registered nurses are available to allow for quality care. One other area of liability for hospitals is when employees do not properly follow the orders of their patients' private attending physicians. In addition, hospitals can be held liable if they do not protect their patients from harm, perform clinical tests adequately or keep medical records that are accurate.
If the birth of a person's child led to an injury in New Mexico, it could be grounds for a medical malpractice claim. The parent or parents have the right to pursue the reimbursement of damages resulting from the documented malpractice incident. If awarded, these damages may help to cover medical costs and other losses linked to the incident.
Source: FindLaw, "Responsible Parties in Birth Injury Cases: Who Can Be Sued?", Accessed on Aug. 10, 2015