Can the nurse also be at fault for my baby’s birth injury? Believe it or not, when we get calls regarding birth injuries, sometimes parents are not sure as to the responsibility of the nurse(s) in the delivery room. They know that the nurses have medical knowledge too, but can they also be held responsible for their errors, and taking it further, held responsible for failing to go up the chain of command in situations where they know the doctor is not correctly treating, or attending mom and baby?


One of the main points of this Maryland birth injury educational article is to shed some light on some of the main duties of the nurse during delivery any why they must move up the chain of command when warranted to help mother and baby.




During delivery at a hospital, more than likely there will be nurses in the room with mom and baby. In addition, doctors may also be moving in and out of the room. Because for many people, the medical doctor is the hierarchy in medicine, there is a belief by some that a duty of care is owed to the doctor and not the patient. This is just not true.


Although a nurse follows the orders of the doctor, the nurse’s main duty is to his or her patients. The patient comes first! For this reason, a nurse in the delivery room has to make sure that things are done right. For example, a nurse has to make sure that the electronic fetal heart monitor is properly interpreted. In addition, treatment based on mother and baby’s needs has to also be correct…with the list going on and on. For these reasons, and more, the nurses have to make sure that they are paying close attention to their patients.




In situations where a nurse knows that the doctor is either not paying attention to the needs of the patient, or the doctor is clearly not treating the patient the right way, the nurse needs to act in the best interests of their patient. As mentioned above, the nurse has a duty to the patient, first and foremost, not the doctor.


In situations where the nurse knows that the doctors is not looking out for the best interests of the patient (mom and baby), the nurse needs to move up the chain of command to help the patient. If the nurse does not move up the chain of command, and fails to act, there is a strong argument to be made to hold the nurse(s) also accountable for the birth injury.




Do you feel that the nurses in the delivery room could have done more to help prevent your child from suffering an injury at birth? If you have questions about your baby’s birth injury, and they center on can the nurse also be at fault for my baby’s birth injury, this is what I invite you to do.


Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.


Marcus B. Boston, Esq.

Boston Law Group, LLC

2 Wisconsin Circle, Suite 700

Chevy Chase, Maryland 20815


1-833-4 BABY HELP


Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals. BLG handles cases in Prince George’s County, Baltimore City, Montgomery County, Howard County, Anne Arundel County, and all other Maryland Counties.