Responsible Parties in Birth Injury Cases: Who Can Be Sued?
A birth injury or medical malpractice claim is not limited to the conduct of medical doctors, but applies also to nurses, anesthesiologists, health care facilities, pharmaceutical companies, and others that provide health care services.
Hospitals
Hospitals are corporations that are either public or private entities. In the context of medical malpractice actions, hospitals can be held directly liable for their own negligence, and can also be held "vicariously" liable for the negligence of their employees. Vicarious liability means a party is held responsible not for its own negligence, but for the negligence of another.
Hospital Negligence
A hospital's medical staff will consist of licensed physicians and other licensed health care providers, such as nurses, physician's assistants, and nurse practitioners. In hiring its medical staff, a hospital must make reasonable inquiries into an applicant's education, training and licensing. If a hospital fails to make reasonable inquiries regarding a member of its medical staff, it might be held liable under the "corporate negligence" doctrine for negligent supervision or retention, if the staff member's negligent care injures a patient. A hospital might be held liable for its own negligence where, for example, it fails to investigate the credentials of an attending physician before granting him/her privileges at the hospital, or where it allows a physician whom it knew, or should have known, was incompetent, to treat patients at the hospital.
Hospitals are also required to ensure that there is a sufficient number of registered nurses on duty at all times to maintain quality patient care. A hospital that fails to do so may be held liable for injuries to patients resulting from a nursing shortage. Another area of potential liability arises when a hospital's employees fail to follow the orders of a patient's private attending physician. Conversely, if a hospital employee finds a private physician's treatment plan to be clearly contraindicated, but fails to make a reasonable inquiry of the physician as to the treatment plan, the hospital could also be found liable.
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