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Which parties can be held responsible for birth injuries?

It is only natural for parents to be anxious before and during the birth of their child. Learning that a newborn suffered birth injuries is the last thing they would want. When this happens at a New York hospital, the parents might have grounds to file a medical malpractice lawsuit. Liability in such a claim might not be limited to the doctor who handled the birth but also anesthesiologists, nurses, pharmaceutical companies and the medical facility.

Depending on the facts of the case, the hospital might be held responsible for negligence. It could also be vicariously liable for the negligence of the doctor or other medical caregivers. If the facility does not employ the attending physician, it might have been negligent in granting the doctor privileges. Some of the duties of care the medical facility have include protecting the patient from harm, performing clinical tests adequately and keeping accurate records.

When it comes to pharmaceutical companies, their duty is to the doctor and the medical facility and not to the patient. However, the intermediary in such a case would typically be the prescribing physician. It could be assumed that the doctor had sufficient knowledge of the medical device or medication to be able to inform the patient of potential side effects, risks or other problems.

Medical malpractice is a complicated field of the law. For that reason, retaining the services of a New York attorney with experience in dealing with cases involving birth injuries is vital. A lawyer can launch an independent investigation, obtain documented proof and take any other action to establish negligence. Legal counsel can determine whom to name as defendants, and provide support and guidance throughout ensuing legal proceedings. A successfully presented claim might yield a monetary judgment to cover documented claims.

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