Responsible Parties in Birth Injury Cases

Your choice of attorney to represent your interests during a birth injury case could mean the difference between successful negotiations or expensive, ongoing litigation. Please contact our firm today to schedule a consultation with a personal injury attorney who can provide a clear explanation of your legal rights and options.

Information About Birth Injuries

At Friedman, Domiano & Smith, our attorneys understand how a birth injury can permanently change the life of a family. Our Cleveland-based law firm holds health care professionals accountable for the harm they have caused by bringing medical malpractice lawsuits in Ohio courts. For a free initial consultation, call us at 866-636-8367. You may also complete our online contact form. We have offices throughout Ohio.

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The lawyers at Friedman, Domiano & Smith represent the victims of a broad spectrum of birth injuries, including brain damage from oxygen deprivation, shoulder dystocia, cerebral palsy, internal bleeding and wrongful death.

While every birth injury is not medical malpractice, gynecologists, obstetricians and other health care providers involved with the pregnancy, labor and delivery sometimes make critical errors that can cause serious health problems — and even wrongful death — of an infant or mother. When they do, they should be held accountable for the harm they cause.

Responsible Parties in Birth Injury Cases

If your child suffered a birth injury, there are several parties who may be responsible for your child's injuries, including the treating physician, assisting staff and the hospital. To learn more about the possibilities for your birth injury case, contact a personal injury attorney at Friedman, Domiano & Smith Co., L.P.A. in Cleveland, Ohio. A lawyer experienced in birth injury cases can discuss your options with you.

Physician

The first party who may be liable for your child's birth injury is the doctor who performed the delivery. If the doctor failed to meet the standard of care in the delivery of the child, he or she may be liable for any resulting injuries. The standard of care is the degree of care exercised by other doctors in the same or similar circumstances. The plaintiff in a medical malpractice suit has the burden of establishing the standard of care acceptable during delivery and proving the doctor did not meet that standard.

The doctor also may be held responsible for the acts of any residents, interns, other physicians or nurses under his or her control during the delivery under the legal theory of respondeat superior.

Hospital

Hospitals owe an independent duty of care to patients seeking and receiving treatment at their facilities. Hospitals must exercise the same degree of care that other hospitals would in the same or similar circumstances in arranging and coordinating care for patients.

Hospitals can be held vicariously liable for the acts of its employees, such as nurses, staff physicians, techs and aids. Hospitals also can be held liable for the acts of doctors that work for the hospital as independent contractors. Lastly, the hospital can be liable for corporate negligence. This theory places liability on the hospital for its acts as a corporation and includes the hiring and retaining of employees and agents, supervising the work of employees and agents, denying medical services and maintaining medical equipment.

Nurse

Nurses may be independently liable for their negligent acts that cause harm to patients. Some of these acts may include:

Failure to monitor patients
Failure to communicate significant changes in the patient's condition to the doctor
Medication errors, including the type, dosage and delivery of the medicine
Failure to monitor patient for side-effects from medication

While in most cases the hospital and/or doctor will be sued under an agency or respondeat superior theory for the negligent acts of a nurse, in some cases, the nurse will be named separately in the suit. Whether or not the nurse carries an independent medical malpractice insurance policy may impact the decision whether or not he or she will be named. Usually, the nurse is covered by the hospital's medical malpractice insurance.

Conclusion

If your doctor, nurse or hospital acted negligently and your child suffered a birth injury as a result, contact Friedman, Domiano & Smith Co., L.P.A. in Cleveland, Ohio. A medical malpractice attorney can explain your rights and discuss the possibility of taking legal action against those who harmed your child.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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