Addressing the topic of birth injuries is a one that will break your heart, and yet so many families are suffering at the hands of medical malpractice which is resulting in their baby’s injury or illness, and possibility even death. There are a number of parities that can be held responsible in the event of a birth injury, depending on the uniqueness of the situation. If your baby suffered from a birthing injury and you believe it to be caused by medical malpractice, be sure to contact a trusted attorney immediately to determine whether or not you have a case. It is important to realize that most states have a statute of limitations when it comes to medical suits. In most cases, there is a two year cap for which you can at least begin filing the lawsuit, so if you have any concerns make sure you find an attorney as soon as possible.

While many people believe that medical malpractice is only done by the doctors, there are a number of other people and entities that may be involved in the act. This would include doctors, surgeons, technicians, nurses, health care facilities, anesthesiologists, pharmaceutical companies and even hospitals. It is common that the corporation of the hospital will be held accountable for the actions of the staff. When dealing with the hospital, it is possible that they have be held responsible for the injury due to their own carelessness as a whole, or in some cases they can be held responsible for the actions od their employees which is called “vicarious liability.” Vicarious means that if the doctor messed up on something that caused the injury of your baby, then the hospital could be held as responsible because of the doctor’s negligence.

Hospitals have the large responsibility of hiring their staff which includes the doctors, nurses, technicians, etc. It is their duty to ensure that everyone they hire is properly trained and equipped to perform their job, or placed under the training of a person who is. Because medicine involves the lives of other people, there is much weight in making decisions on behalf of hiring. In the event that the hospital or other medical facility fails to take those precautionary measures in order to protect him people, they may be looking at charges for “corporate negligence” which means that they lack care in the matters of supervising and staffing in their facility. Another cause for liability would be if the hospital did not have their facilities fully staffed around the clock. Insufficient staffing can often lead to the mistakes of doctors due to simply being overbooked, which in many cases is the fault of the hospital as a whole.

When certain acts of negligence occur by the doctor, as stated, the hostile may be held as vicariously liable instead because they are technically responsible for each and every staff member that they allow on their premises. However, it is important to realize that not all doctors are employed by the hospital as full time staff, but rather they are considered independent contractors and therefore the hospital cannot be reasonable under the “respondeat superior” code of negligence. In the event that the independent contractor was not properly qualified, the hospital may be held liable for their not properly investigating them before allowing them to work at the facility.

To learn more about hospital negligence, please contact your local medical malpractice attorney in your area using our website. Don’t wait before it’s too long to take action, find a lawyer near you and begin discussing your medical birth injury concerns!