Can I sue the HMO and its doctors for causing a birth injury to my child?
An HMO doctor can be sued for causing your child’s birth injury. If the doctor is an employee of the HMO, a "vicarious liability" claim can be brought against the HMO. The theory of vicarious liability is that there is a third party who did not directly cause the injury but is nonetheless responsible because of either their position or the circumstances surrounding the incident. Generally, employers are responsible for the actions of their employees. So, basically, the suit against the HMO would be claiming that the HMO was responsible for the doctor’s malpractice because it employed him. Because most HMOs do not employ their doctors (the doctors are independent contractors), vicarious liability suits are pretty rare. Claims directly against the HMO for causing the birth injury are difficult (but not impossible) to win.
If you think that your HMO is responsible for your child’s birth injuries, you should contact a personal injury attorney with HMO lawsuit experience.
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