Who can be held responsible in a birth injury case?

When hospitals and other healthcare services are liable

(Montgomery, OH) – March 2^nd, 2016 – Contrary to popular belief, it is not only a doctor that can be held liable for medical malpractice when a birth injury occurs due to negligence. Nurses, anesthesiologists, health care facilities, pharmaceutical companies, and any other health care professional may be held responsible for what has transpired.

Hospitals can be held negligible

Irrespective of whether or not a hospital is private or public, hospitals may be held liable for a birth injury case much like they can be held liable for any other medical malpractice case. In fact, Montgomery, OH medical malpractice lawyers also confirm that the hospital in question can be held liable and made to pay for malpractice damages not only if they are directly negligent but even if they are deemed to be vicariously negligent.

What constitutes hospital neglect?

A hospital is staffed with not only doctors but also other staff members such as nurses, physician’s assistants, nurse practitioners, etc. It is the sole responsibility of the hospital to ensure that anyone that they employ is qualified as required and are indeed trained professionals. No patient wants to be treated by Frank Abagnale, Jr. (he was a famous imposter, confidence trickster, someone who also committed financial fraud with his forging of checks, and who now works for the FBI as a lecturer and a consultant).

Of course there have been cases where imposters have debunked hospitals with fabricated documentation and other frivolous methods, but the judicial system expects that the hospital at least make reasonable inquiries into things such as background checks before they hire a healthcare professional and allow them to treat and care for patients. The idea of Frank Abagnale, Jr. treating you is horrific. It is not amusing at all despite how Hollywood presented that idea in the movie Catch Me if You Can.

When it is determined that a hospital failed to make any such reasonable inquiries into their applicant, then they may very well be guilty of hospital neglect and this is when Ohio medical malpractice attorneys pounce.

Hospitals should at all times ensure that they have an adequate number of nurses and doctors on duty. If it is found that a birth injury or any other medical injury resulted due to the hospital not having sufficient staff on call at any given time, then again, the hospital is said to be directly negligent and may consequently be held for compensatory damages.

Finally, hospitals may also be held liable for not protecting their patients from harm, failing to perform clinical tests, store and maintain accurate records, correctly admit and discharge patients, and failing to treat patients in a critical or emergency medical condition with high priority.

Medical malpractice lawyers in Montgomery, OH also reiterate that if a hospital discriminates against a patient based on race, color, religion, or nationality then too they can be sued.

Need legal help? Do you have a possible medical malpractice case? Click right here: Medical-Malpractice.USAttorneys if you do. It cannot hurt to ask!

When are hospitals said to be vicariously liable?

When any healthcare professional employed by and working for the hospital is guilty of medical malpractice, the hospital too may be vicariously liable under certain circumstances. For instance, according to the doctrine of ‘respondeat superior’ an employer may be held liable for its employee’s malpractice if and when the employee acts within his/her scope of employment.

If you require help with a child birth injury case, we strongly urge you to consult a medical malpractice lawyer in Ohio as soon as possible. Your legal counselor will make a complete evaluation of your case and file a lawsuit against those responsible if they believe your supposed hospital neglect case is viable.