The Vancouver Sun reported this weekend on a birth injury lawsuit filed by the parents of a child who died at the age of five months. The couple’s saga began two years ago, when their young son was born after 40 agonizing hours of labor. The child’s umbilical cord was wrapped around his neck at birth, ultimately causing him to suffer a permanent, severe brain injury. The injury was debilitating, and it led to his passing only five months later.
According to statements made in court documents, the mother had a healthy and uncomplicated pregnancy. The birth problems and resultant injury were caused, claim the plaintiffs, by a string of negligent actions on the part of the medical professionals involved in the delivery. Specifically, the couple claims that the doctors and nurses failed to properly monitor the baby’s condition during delivery and were inadequate prepared for an emergency delivery. For example, the couple claims in the birth injury lawsuit documents that the nurses did not let the doctors know in a timely fashion about problems noticed with the child’s heartbeat.
This tragic birth injury story also led to an area professor’s calling for an inquest. The nursing professor explained that government officials should look into the incident at the hospital, based concerns that the medical facility did not follow proper procedure. It remains to be seen whether the academic’s call for further investigation will be heeded or what affect that might have on the lawsuit in question.
As is common in these cases, the suit names a variety of defendants, including the hospital, doctors, nurses, and several other oversight bodies. Potential liability in all cases in based upon unique rules of lawsuit exposure. Vicarious liability, joint and severable liability, agency rules, and similar principles must be considered when determining who should be joined in a lawsuit. Of course, most victims are aware of the specific individuals who fail to provide them proper care. But the law also holds those who employ those individuals accountable for their work-related actions in most cases. Further, in many hospitals today, there are unique employment relationships which must be taken into consideration. Doctors are often not employed directly by the hospital, though their connection to the hospital is often so intertwined that they are considered agents of the medical center for liability purposes. After hearing details about your situation and investigating the matter, a legal professional will be able to explain who may be held liable for a birthing error if a lawsuit is filed.
Our Chicago birth injury lawyer knows that many things can go wrong during a delivery. At times those complications are completely unavoidable. However, there are other times where the medical professionals involved fail to take actions that they should have which may have saved a child’s life or prevented injury. It is often hard for the involved families to understand the difference between these two situations. Often it is only through focused investigation, depositions, and inquiries following the filing of a lawsuit, that certain details about care provided are uncovered.
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