Childbirth injury can affect a child or mother for the rest of their lives. Depending on the nature, cause and individual responsible for the injury, the hospital in which the injury occurred may be liable. Below is an explanation of the times in which a hospital is liable for injury during childbirth.
Avoidable Trauma
The main circumstance in which a hospital is liable for childbirth injury is when the injury was avoidable. A hospital behaves negligently when it knew or should have known that the type of injury was likely to occur but took no preventative measures. This includes situations in which it did not have the proper equipment for a procedure but permitted hospital staff to perform the procedure anyway, or when it permitted a physician with a history of injuring patients to practice in its facility.
Misuse of Facility or Bad Procedures
A hospital is also liable when a physician misuses the facility for something it is not equipped for or delivers a child in a potentially destructive manner. Using outdated procedures, such as delivering a child with forceps, can also impose liability for childbirth injury on a hospital.
Physician Malpractice
A hospital is responsible for the malpractice of the physicians it employs. Whether negligent, reckless or simply an accident, a hospital will be liable for injury caused to a patient or infant during childbirth. In this circumstance, the hospital’s medical malpractice insurance would pay the injured patients.
Privileged Physician Malpractices
Many hospitals grant physicians privileges to practice in their facility. This is particularly true for obstetrical doctors who only typically need to use a facility to deliver children because they do not need to be in a hospital to practice. This relationship protects the hospital from some liability because the physician is not considered to be employed by the hospital. However, the hospital must still only permit physicians in good standing with the medical board to work in the hospital. Allowing unsafe or unlicensed physicians to practice in the hospital opens the hospital to liability.
Nurse Malpractice
Unlike doctors, nurses are always employed by the hospital. Therefore, the hospital is fully liable for any injury caused by a nurse. The extent of the hospital’s liability may be reduced if the nurse was acting with extreme, unpredictable recklessness, but such circumstances of this are rare.
Getting Legal Help
Because of the multiple types of potential injury and relationships between hospital and its staff, childbirth injury lawsuits are complicated. If you or a loved one was injured during childbirth, seek legal assistance with your claim. An attorney will identify the parties potentially responsible for the injury and pursue compensation against them to compensate you for your damages.
