Many medical malpractice claims and birth injury lawsuits come down to the liability of the larger health care center rather than the individual at fault. If the individual that injured your child worked for the hospital or birthing center, the facility will be vicariously liable. The center could also be liable if it contributed to the baby’s injuries, such as through lack of proper sanitation or unsafe hospital protocols. If the person that caused the birth injury was an independent contractor, however, his or her personal insurance may be the only outlet for financial recovery.