As more parents file birth injury lawsuits or medical malpractice lawsuits, it is important to know who may be responsible in a case of infant birth injury or medical malpractice that results in a baby’s injury during child birth.

Claims of alleged birth injury malpractice do not just apply to the conduct of the attending physician, but to other medical professionals such as nurses, anesthesiologists, healthcare facilities (like hospitals and clinics), pharmaceutical companies, and others involved in the health care process.

It is important for parents thinking of pursuing birth injury lawsuits to remember that not all birth injuries occur as a direct result of medical malpractice. For those parents seeking more birth injury information to determine if their infant suffered a birth injury because of medical malpractice, these parents should seek the advice of a skilled birth injury lawyer.

Hospital Negligence and Birth Injury Malpractice

Hospitals, as private and/public corporate entities, can be held directly liable for the health care facility’s own negligence or vicariously liable for the negligence of its employees that results in birth injury or medical malpractice.

An example of hospital negligence would be if the healthcare facility failed to make reasonable inquiries into a potential employee’s licensing, education, and training. If this job applicant is then hired and is found to have provided negligent care which resulted in patient injury, the hospital may then be held liable for corporate negligence.

A hospital may also be held liable if it grants an attending physician privileges at the healthcare facility without investigating his credentials, or, alternatively, for allowing a doctor who is known to be incompetent to treat patients at the hospital.

A healthcare facility may found directly liable for medical malpractice if it fails to keep a sufficient number of registered nurses on duty to ensure quality care. If injuries occur because of a shortage of nurses, the hospital can be sued for negligence.

One of the most common causes of birth injury malpractice that a hospital may be held vicariously liable for is when a healthcare professional fails or refuses to follow the orders of the attending physician. Additionally, an employer like a hospital may be held liable for the negligent act of its employees, if the employee in question was acting within the scope of their employed position when, for example, a birth injury resulting from a negligent act or omission occurred. For plaintiffs pursuing birth injury malpractice lawsuits, this doctrine is very important in that it ensures financial compensation will be given to the injured party.

Finally, in some situations physicians are not considered hospital employees, but rather independent contractors. In this case, the hospital would not be vicariously liable for the doctor’s alleged medical malpractice that resulted in a birth injury or any other kind of patient injury. However, the hospital may still be directly liable for granting the independent contracting doctor privileges in the first place.

Types of Birth Injury

During a birth in which the use of obstetrical forceps, vacuum extraction, or a cesarean section is required, a birth injury may occur that can sometimes be attributed to medical malpractice. Some of the most common birth injuries an infant may suffer include:

• Cerebral palsy
• Oxygen deprivation
• Mental retardation
• Erb’s palsy
• Klumpke’s palsy
• Brachial plexus
• Retinopathy of prematurity

As a result of these painful and often long-lasting birth injuries, many parents have sought the expertise of a birth injury lawyer in order to pursue birth injury medical malpractice lawsuits.