For Pennsylvania residents who have seen any of their children suffer a birth injury, the question of who may be sued for damages often comes up. In health care facilities, especially hospitals, there are usually various parties involved, one or several of which may be found liable for any injuries to children.
The parties that could potentially be responsible for a birth injury include the medical staff, hospital, and even the pharmaceutical companies that supply drugs to the facility. A negligent nurse or doctor could be sued directly if they failed to live up to the standard of care that comes with their positions. The hospital for which a negligent medical professional works may also be liable on two separate causes of action, those being negligence and vicarious liability. Negligence would be if the hospital failed to adequately investigate or supervise the staff that it hires. Additionally, the hospital may be vicariously liable for the actions of its staff under a legal principle known as respondeat superior. This applies to hospital employees if any of them caused a patient's injury while they were providing treatment within the scope of their employment.