Proving Who Caused the Birth Injury

John Fisher
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Stopping Medical Injustice

Many actors take part in the birth of a child: obstetricians, nurses, technicians, anesthesiologists, pharmacists, pharmaceutical companies, and hospitals.  The majority of times, these medical professionals and facilities do their jobs quite well.

The experience of Kingston medical malpractice attorneys unfortunately see many instances in which medical professionals and medical facilities made a negligent error that which causes the mother and or baby injury and even death.

Obstetricians are those doctors dealing with the care of pregnant women during pregnancy and during the child’s delivery.  Errors during prenatal care can be made that end up causing the baby injury during child birth.  Take for example an instance where the baby is too large for the mother to deliver vaginally.  The obstetrician, his or her nurses, and technicians should recognize this complication and consider advising the mother to deliver the baby via caesarean section. 

If those medical professionals should have diagnosed this problem, but did not, they could be held liable for any injury caused there from to the mother.  If those medical professionals did recognize the complication, but failed to advise the mother or act in accordance with the standards set by the medical professional, they could be held liable. 

The medical staff present in the delivery room can be held liable for injuries caused during delivery that should not have occurred.  For example, failure to monitor the baby’s and mother’s heart rates, and or negligent use of forceps.  The anesthesiologists that administer pain relief medications to the mother during the birthing process can too be held accountable if such administration is performed negligently.

Many types of drugs are dispensed to pregnant mothers both before and during child birth.  Sometimes those very drugs themselves were designed and or manufactured improperly.  Other times, the pharmaceutical company failed to warn doctors and patients of the possible side effects related to using the drug.  If a pharmaceutical company designed and or manufactured a drug improperly, that company can be held liable for the injuries caused to the patients.  The same holds true if the company failed to warn of dangers and side effects.

But how can hospitals be held liable for medical negligence.  In short, the hospital is charged with hiring licensed and competent staff.  If they fail to make sure that doctors, nurses, and the like are licensed and competent, they can be sued for such negligence.  The hospital must properly supervise its staff as well.  And the facility must be administered in accordance with medical facility standards.  Failing at this can give rise to negligence claims.   Lastly, under the master-servant doctrine, the employer can be held liable for negligent acts of his or her employees.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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