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Who Is Considered Responsible: Doctor or Hospital?

by The Beasley Firm  |  January 16, 2019  |  

Any time a serious situation occurs, it can be difficult to deal with and itโ€™s often easy for those who have been harmed to point the finger. However, whatโ€™s not always immediately understood is liability and who should truly be held accountable for various situations.

When a baby suffers a birth injury, one of the most important aspects is understanding who is held responsible for the damages. Is it the doctor, midwife, the hospital, or all of them? Here are some things to note.

When a Doctor or Midwife Is Negligent

A doctor or, as has been more frequent in modern healthcare, a midwife, is the one who cares for the mother and baby. Specifically, an obstetrician or midwife who has helped care for pregnancies before and should recognize the potential signs of distress, as well as what is needed by the mother and baby to undergo a safe pregnancy and delivery.

When a doctor or midwife fails to properly perform the roles of the job and puts individuals at serious risk of harm, a birth injury can result. Whether they fail to monitor the baby, fail to identify the need for interventions, such as an emergency C-section, or even act with recklessness during the labor by not paying attention to the fetus and mother, they can be held responsible for the birth injury.

When a Hospital Is Negligent

Hospitals may be negligent in a number of ways, but most of the time itโ€™s when they fail to rectify potential environmental dangers that may exist. This can include the lack of sterilized equipment or protocols to ensure an environment free from infections or bacteria, or equipment failures. Similarly, when the hospital hold out its healthcare providers as their own, the hospital is responsible for their actions.

Our Philadelphia birth injury attorneys are fully aware of the long-term impact of a birth injury and we recognize that anyone responsible for the damages should be held fully accountable. We take the necessary steps to build a strong case for families who deserve to seek compensation. We have over fifty years experience with highly complex birth injuries, and have recovered hundreds of millions for injured children.

When it comes to birth injury matters, you have a trusted ally in The Beasley Firm. Our focus is your best interests and your family comes first. We go the extra mile because we know how much you need it during this difficult time.

To schedule a free consultation,ย contact our firm today.

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