Birth Injury:

Suing the HMO

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 that HMO. The idea of a vicarious liability lawsuit is that there is a third party who, though he or she did not directly cause the birth injury, is still responsible because of their position or the circumstances surrounding the incident. Employers are typically responsible for their employees actions, so by suing the HMO for a birth injury, you are stating that the HMO is responsible for the doctor's medical malpractice because they employed him or her. However, vicarious lawsuits are very rare because HMOs do not typically employ their doctors directly (the doctors are usually employed as independent contractors). Because of this, birth injury lawsuits against an HMO are often hard (although NOT) impossible to win.