Despite what many people think, a birth injury claim is not limited to surgeons or doctors. In fact, claims can also apply to entire health care facilities, anesthesiologists, nurses, and even pharmaceutical companies. In regards to medical malpractice actions, hospitals can be held responsible for their own negligence and “vicariously” responsible for the negligence of their staff.
Understanding Hospital Negligence
When hiring staff members, a hospital is liable for making reasonable and adequate inquiries into an applicant’s training, licensing, and education. If a hospital fails to make such inquiries and assessments and a staff member’s negligence is the cause of a patient’s or a patient’s baby’s injuries, the hospital can be held legally responsible under the corporate negligence doctrine.
- Example: A mother gives birth to her infant who suffered cerebral palsy as a result of the doctor’s negligent actions or lack of competence. In this case, the hospital can be held responsible for its own negligence since it did not adequately investigate the physician’s credentials before allowing him or her to practice, or where the hospital allows a doctor whom it knew, or should have known, was incompetent to deliver the infant.
In addition, hospitals are responsible for ensure that there are enough registered nurses on duty at all times in order to provide adequate, quality patient care. If a hospital fails to do so and a patient or an infant is injured as a result, the hospital can be held legally liable.
Hospitals may also be held legally responsible for failing to:
- Safeguard patients and infants from harm
- Adequately perform clinical tests to ensure a safe birth
- Keep accurate medical records of mother’s conditions
- Properly admit and discharge a mother and her infant
Our Team at Freidin Brown, P.A. Takes Birth Injury Cases Seriously
If you believe your infant has suffered a birth injury due to the negligence of a doctor or hospital staff member or if you were harmed by a medical professional while delivering your baby, we urge you to get in touch with our Miami birth injury lawyers at Freidin Brown, P.A. right away. When you entrust your case to our team, we will examine every detail associated with your case and determine which legal strategies can help you obtain maximum compensation in as little time as possible. At our firm, we believe no person deserves to suffer lifelong emotional or physical consequences due to another person’s negligence, carelessness, or recklessness, and that is why we stand ready to defend your rights both inside and outside the courtroom.
To discuss your case, call a Miami birth injury attorney at Freidin Brown, P.A. today. We are backed by more than 100 years of collective experience.