Liability in Fulton County Labor and Delivery Malpractice Cases
Establishing liability in a labor and delivery case is often more difficult than in a typical malpractice claim. There are many medical providers involved in the process of delivering a baby, meaning multiple people could be held responsible for an error.
If you are attempting to pursue a case on your own, you might be unsure who to name as the at-fault party. Call us to get help from a legal professional who has experience proving liability in Fulton County labor and delivery malpractice cases. Our qualified lawyers could help you determine who is at fault in your case.
Should a Mother Sue the Medical Provider or the Hospital for a Labor and Delivery Error?
Doctors are not typically hospital employees. Obstetricians simply obtain permission to use a specific hospital to deliver babies for their practice. This means if the physician is responsible for the error, that doctor and his or her medical practice would be the subject of the malpractice suit. A hospital could be liable for giving permission to a doctor to deliver babies at the hospital, if their credentials were such that the granting of permission was negligent. This is typically called a negligent credentialing claim.
The hospital is generally sued when its employees are at fault. Nurses, technicians, and other people working in the labs are typically hospital employees, meaning the facility could be sued if one of those workers are at fault. The hospital might also be the subject of a lawsuit if inadequate systems within the facility caused the error. A knowledgeable attorney could help mothers identify the benefits of suing a medical provider or a hospital after giving birth.
Can Multiple People be Liable in a Fulton County Malpractice Case?
There are many healthcare workers involved in labor and delivery. Nurses, certified nurse midwives, obstetricians, neonatologists, and anesthesiologists can all be held responsible for making errors, so it is crucial to examine each of their roles in the procedure.
If the nurse fails to recognize signs of fetal distress, he or she could be considered negligent. In this scenario, the physician could also be held liable if he or she fails to inspect the fetal monitoring strips and notice the nurse’s mistake.
Because there are many moving parts in the birthing process, monitoring the mother and the baby is vital to the success of the delivery. Medical providers often have to make quick decisions when issues arise, but this is no excuse for malpractice. Mothers should get in touch with an experienced lawyer for help determining liability after a mistake during the birthing process.
Elements of Negligence
Establishing the existence of a duty of care is critical in most negligence claims. Most physician-patient relationships involve a responsibility to meet the standard of care. An injured mother must prove that the medical provider in question acted differently than an average healthcare provider under the same or similar circumstances would have. Only after establishing the breach in the standard of care during labor in delivery directly caused the patient’s injuries can an attorney recover compensation on behalf of the injured mother.
Call Today to Discuss Liability in Fulton County Labor and Delivery Cases
Welcoming a new baby into the family is usually a joyful experience, but labor and delivery errors can be emotionally difficult for you and your loved ones. If you believe a medical error caused harm to you or your baby, it is best to contact an attorney.
Establishing liability in Fulton County labor and delivery malpractice cases is crucial to success, so call our office right away. Our firm could help you and your family seek justice.
