It is commonly thought that in the case of a birth injury or medical malpractice claim, only the doctor can be held accountable. In actuality, the hospital, nurses, other medical staff and even the pharmaceutical companies can be held accountable.
When it comes to birth injuries, hospitals can be held responsible for their own negligence as a corporation or vicariously liable for the negligence of their medical staff or employees. A hospital is responsible for hiring staff with the proper credentials, education, training and verification and also of providing the appropriate training to its staff. If a hospital hires an employee without looking into the employee’s credentials, education and training then it can be held liable. This is also the case where the hospital knows that an employee is not competent but allows them to perform in the hospital.
Hospitals are required to have an appropriate number of staff and nurses at all times in case of emergencies. Hospitals can also be held accountable when their medical facilities fail to protect the baby or mother from harm or is the cause of harm. It can also be held liable if tests are not properly performed, if medical records were not properly organized, or if the hospital did not allow treatment to the patient on the basis of their religion, gender, race or their ability to pay.
The hospital is held liable for the negligence of its employees in its facilities unless the negligence is on the part of an independent contractor hired by the hospital. In that scenario, the hospital cannot be held accountable unless it provided facilities to an unlicensed or incompetent contractor.
Pharmaceutical companies can be held liable for birth injuries if they did not inform physicians of the side effects or properly convey the dangers of the drugs. Thus, if the company knows of various risks or side effects and withholds information and this causes harm to the patient, it can be held accountable.
There are several parties that can be held accountable in the case of birth injuries based on negligence. It is highly recommended that you consult an attorney near you. An attorney can help you file a malpractice claim and try to ensure you receive the compensation you deserve.
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