One Of New York’s Most Respected Personal Injury Firms

Determining responsibility for a birth injury

On Behalf of | Apr 27, 2020 | Birth Injury

Having a baby can be among the most exciting, stressful and important events in a parent’s life. Learning that one’s newborn baby has suffered a birth injury can add significant worry and anxiety to an already challenging situation.

Birth injuries occur from complications during delivery or errors during prenatal care. The cause of birth injuries may be difficult to pinpoint as well. A birth injury claim will likely include doctors, nurses, the hospital, pharmaceutical companies, the anesthesiologist, or any other medical professional involved in the birth of the baby.

When a hospital is negligent

A hospital staffs hundreds of individuals including doctors, contractors, nurses, physician’s assistants, research technicians, and more. The hospital must double-check the credentials and licenses of every potential hire to ensure their competence and training. An injury liability claim will investigate everyone involved in the birth thoroughly to find the cause. If a birth injury occurred under the care of an unqualified employee, a hospital is liable under “corporate negligence” for not making reasonable inquiries into the employee’s background or if they were aware of the employee’s incompetence.

A hospital is liable if they fail to have enough registered nurses on duty, if an employee fails to follow a patient plan or if an employee fails to question a contraindicated patient plan. A hospital is also liable in a birth injury if they fail to perform clinical tests, keep inaccurate medical records or admit and discharge patients improperly. Many times, the hospital will be vicariously liable under the “respondeat superior” doctrine when an employee commits malpractice within the scope of their position. This doctrine ensures that a victim can receive their due damages.

Assess a birth injury claim

Navigating this intricate legal landscape may intimidate those unfamiliar with legal issues in medicine. Those with questions about a potential birth injury claim may find answers by consulting a local attorney experienced in medical malpractice.