Who is Liable in a Birth Injury Lawsuit?
All parents wish for their children to be born healthy and thriving, but sometimes this wish is disrupted by the negligent actions of medical professionals, resulting in a birth injury. These injuries are not only caused by physicians, but by other healthcare staff as well, including nurses and anesthesiologists. If you believe your newborn baby sustained a birth injury that was caused by negligence, you have a right hold the hospital facility liable and to pursue fair and just compensation.
What is Hospital Negligence?
Hospitals have an obligation to make reasonable inquiries into the education, training, and licensing of a prospective employee when hiring staff members, which often consist of licensed physicians, nurses, physician assistants, and nurse practitioners. Failing to do so means you can potentially hold the facility liable under the “corporate negligence” doctrine. For example, if a hospital did not investigate the credentials of an attending physician prior to allowing him or her to treat patients, the corporate negligence doctrine could apply and you could hold the hospital liable for your newborn’s injuries.
In many cases, physicians are considered independent contractors instead of hospital employees, which means the hospital would not be held liable for the doctor’s negligence. Instead, you would have to file a lawsuit against the doctor who caused your baby’s injuries rather than the facility itself. That said, if hospital negligence was also a contributing factor, you might be able to hold them liable as well. For example, if the hospital granted attending privileges to an incompetent or unlicensed physician, it might be possible to hold them accountable for your baby’s injuries. Ultimately, given the complexities involved in this area of law, it is critical to consult with an experienced medical malpractice attorney to ensure your lawsuit is proceeding as it should.
Birth Injury Attorneys in Baltimore
Welcoming a new child into your family is a joyous occasion that can quickly turn tragic if he or she is harmed during the delivery process by a negligent medical professional. At Brown & Barron, LLC, our Baltimore birth injury attorneys are prepared to fight you and your family to ensure that all responsible parties are held accountable for their actions. Reach out to us today!
For the experienced and compassionate representation you and your family deserve, call our office at (410) 698-1717 to schedule your free initial case evaluation. We are available to take your call 24/7.