Responsible Parties in Birth Injury Cases: Who Can Be Sued?

A medical malpractice claim, such as a birth injury, is not limited to the conduct of medical doctors. It also applies to others that provide health care services, such as:

• Nurses
• Anesthesiologists
• Health care facilities
• Pharmaceutical companies

Hospitals

Hospitals are corporations that are either public or private entities. It can be negligent in a medical malpractice action in two ways. First is direct liability, where the hospital is liable for its own negligence. Second is vicarious liability, where the hospital is liable for an employee's negligence.

Hospital Negligence

A hospital's medical staff consists of licensed healthcare providers. Examples include the following:

• Licensed physicians
• Nurses
• Physician's assistants
• Nurse practitioners

When hiring medical staff, a hospital must make reasonable inquiries into an applicant's:

• Education
• Training
• Licensing

The hospital could be liable for negligence if it doesn't make these reasonable inquiries before hiring someone. For example, the hospital may be liable if it grants privileges to a physician without checking their credentials. Another example is the hospital allowing an incompetent physician to treat patients.

The hospital may be liable under the "corporate negligence" doctrine if a staff member's negligent care injures a patient.

Hospitals must have enough registered nurses on duty to provide quality patient care. If it doesn't, the hospital may be liable for patient injuries caused by the nursing shortage.

Another area of potential hospital liability is when a patient has a private attending physician. In that case, the hospital may be liable when its employee fails to follow the physician's orders. The hospital employee also must check with the physician if the physician's orders are clearly inadvisable. Failing to do so means the hospital could be liable.

Hospitals may also be liable for failing to do the following:

• Protecting patients from harm
• Adequately performing clinical tests
• Keeping accurate medical records
• Properly admitting and discharging patients

Hospitals may be liable if they don't treat people with serious injuries or illnesses.

Federal and state laws prohibit hospitals from refusing to admit or treat people based on the following:

• Race
• Color
• Religion
• National origin
• Inability to pay for treatment

Vicarious Liability

A hospital may be vicariously liable under the legal doctrine of "respondeat superior." Under this doctrine, an employer may be liable for the negligent acts of its employee. The employee must have acted within the scope of their employment when the injury occurred. So, the hospital may be liable when an employee's malpractice injures a patient.

Respondeat superior ensures a financially responsible party will compensate an injured plaintiff. So, it's crucial to plaintiffs in medical malpractice cases.

Sometimes, a healthcare provider is an independent contractor rather than a hospital employee. Respondeat superior does not apply in these cases.

That means a hospital is not liable for the malpractice of a healthcare professional who is an independent contractor. But the hospital can be liable for negligence if it didn't check the contractor's credentials, training, and licenses.

A hospital may also be liable for the acts or omissions of contractors who operate emergency rooms and outpatient facilities.

Pharmaceutical Companies

A pharmaceutical manufacturer may be liable when a drug causes a patient injury.

A pharmaceutical manufacturer must inform physicians and patients of its drugs' dangers and side effects. If it fails to make these warnings, the drug becomes known as "unreasonably dangerous," and the manufacturer may be liable.

Pharmaceutical companies also owe the patient a duty to ensure that their medications are safe when used as intended. To ensure a drug's safety, the manufacturer must research its possible side effects and risks before putting it on the market.

The physician has superior medical knowledge. That, together with information from the manufacturer, makes them a "learned intermediary." That means the physician is best positioned to determine whether a drug or device is appropriate for a patient. So, the physician must tell the patient of the risks and side effects of the medications or medical devices they prescribe.

Who is Liable for Your Child's Birth Injury? Get Legal Answers Today

Now you understand who the possible parties are in a medical malpractice case. But do you have a malpractice case? Is your claim against the hospital, doctor, or both for your child's birth? Contact a medical malpractice attorney today to get answers to your questions.