Who is Liable When Residents or Medical Students Cause Birth Injuries?

When you go to the hospital to deliver your baby, you expect to be treated with knowledge and care. Though it’s not uncommon for residents or medical students to be present at a birth, you may be wondering what happens if they play a role in your baby’s injury.

In this guide, we’re answering common questions families have in these types of situations, including who can be held liable.

The Role of Residents and Medical Students in Labor and Delivery

Residents and medical students attending a teaching hospital are there to continue their education, and usually, that means participating in patient care. In the labor and delivery ward, this often includes:

Monitoring fetal heart rates and the mother’s contractions
Assisting with deliveries under doctor supervision
Working alongside other physicians who oversee maternal and neonatal care
Performing common procedures, including suturing and administering medication

Lax supervision on any of these can lead to devastating consequences for both mom and baby in typical circumstances, but especially when performed by a medical student or doctor-in-training. Failure to provide adequate supervision could be the grounds for a medical malpractice lawsuit.

Common Birth Injuries Linked to Trainee Involvement

When a medical student or doctor-in-training makes an avoidable error, the results can be devastating. Some of the most common birth injuries linked to trainee involvement often include:

Cerebral palsy: A neurological condition affecting speech and movement, often caused when there is a lack of oxygen to the baby’s brain. It is often attributed to incorrect use of forceps or prolonged labor.
Brachial plexus injuries: Nerve injuries that often impair movement in the shoulder, arm and hand, usually attributed to prolonged labor, use of excessive force during delivery, and fetal macrosomia (babies weighing more than eight pounds).
Hypoxia: Or, oxygen deprivation. This may occur when common signs of fetal distress (such as dropping heart rate) on the fetal monitoring strips are ignored or missed.
Fractures: In cases of difficult births, any mishandlings including the use of excessive force could lead to broken bones.
Injuries to the mother: It’s not just babies that can be affected by medical students and residents; mothers may suffer preventable complications such as a hemorrhage, from poor decision making.

All it takes is one bad decision or oversight to turn a family’s life upside down. These conditions are often accompanied by lifelong medical care on top of home modifications, ongoing therapy, and increased financial support.

Who Can Be Held Responsible for Baby Birth Injuries: The Student, Resident or Hospital?

As for who can be held responsible, the answer depends on the circumstances of your case. Generally speaking, because the medical students and residents are required to be under supervision, liability will most likely fall on the supervising physician. However, students and residents aren’t immune from consequences. In many cases, they might find themselves in an investigation from the state medical board who may impose suspension. Other times, they may be named in civil lawsuits from the families, which can follow them for years as they try to move forward in their career.

Additionally, hospitals may also be held liable if one of their medical students or residents causes a preventable birth injury if it can be proved that they failed to provide adequate staffing or training protocols. Your attorney will investigate the details of your case to determine where liability falls. It may fall on one party or several. It depends.

What to Do if You Believe Your Child Suffered a Birth Injury

If you believe your baby suffered an injury at birth, don’t wait to take immediate action. Here’s what you should do:

Get Medical Care

Your child’s health comes first, so if you suspect they were harmed, get a new medical evaluation as soon as possible. Doing so not only ensures that they are receiving the proper treatment plan, but it can also help confirm that negligence played a role at the time of delivery.

Ask Questions

Who was involved in your delivery? Get their names and the role they played. This information is vital to determining whether or not a medical student or resident was part of your care team.

Get Medical Records

In addition to knowing who was in the room with you, be sure to request your medical records from the hospital. Include dates, times, and fetal monitoring strips to determine if negligence played a role. Oftentimes, you can request this documentation digitally, which can speed up the process.

If the hospital is making it hard to collect this documentation, your lawyer can request it on your behalf.

Contact a Medical Malpractice Lawyer

Hospitals may generally be in the practice of helping others, but they are still corporations with big insurance companies looking to reduce liability and minimize payouts. With a future now involving long-term care and expenses, this isn’t a fight you can afford to face alone. An experienced baby birth injury lawyer knows how to investigate these complex claims and negotiate with the hospital’s insurance company to get you the compensation you need.

Filing a Medical Malpractice Claim Goes Beyond Recovering Compensation

Filing a medical malpractice claim often goes beyond simply recovering compensation. Rather, it can spark real change within the healthcare industry. While you can’t reverse what happened to you and your family, legal action can prompt teaching hospitals to:

Enforce strict supervision policies
Limit the responsibilities of new trainees
Provide simulation training before procedures are performed on patients
Ensure adequate staffing so attending physicians can closely monitor residents

Ultimately, accountability pushes hospitals to maintain the highest standards of care, even in training environments. This can help prevent another child from suffering unnecessary harm.

Let Anapol Weiss Help You With Your Birth Injury Claim

If you believe negligence played a role in your baby’s birth injury, you deserve justice. At Anapol Weiss, we are here to answer your questions, investigate the details of your delivery and help you obtain the compensation and answers you deserve. We serve families all throughout the state of Pennsylvania, including Philadelphia County, Allegheny County, and Lancaster County, as well as throughout the nation. Whether you’re in Maricopa County, AZ, Fairfax County, VA, or Essex County, NJ, our firm is here to help.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.

What Happens When a Resident or Medical Student Causes a Birth Injury?