The physician may, thus, be found
liable in a medical malpractice action for a brachial plexus palsy injury sustained by the child during the child's vaginal delivery.
If an obstetrician or other medical personnel who are assisting in the birth of a child negligently fail to recognize and adequately manage these and other complications, the obstetrician and assisting medical professionals may be found
liable in a medical malpractice action for a child's CP that is determined to have been caused by the negligence of such medical personnel.
Not exact matches
If, for instance, a baby exhibits signs of breathing difficulties, pale skin, or loss of consciousness immediately following birth and the failure of
medical personnel to timely and appropriately respond to the baby's condition is found to have resulted
in an asphyxia injury to the baby, such
medical personnel may be found
liable for the baby's injury
in a
medical malpractice action.
If, for example, an obstetrician fails to timely order or perform a C - section when nuchal cord is detected and this failure is found to have been a cause of the baby's HIE childbirth injury, the obstetrician may be found
liable for the damages suffered by the child as a result of the injury
in an
action for
medical malpractice.
When this occurs, the obstetrician or
medical professional responsible may be found
liable for the damages suffered by a child as a result of the HIE injury
in an
action for
medical malpractice.
If an obstetrician or other
medical professional assisting or involved
in a pregnant woman's care negligently fails to detect such signs of fetal asphyxia during the mother's pregnancy or the labor and delivery stages of childbirth, or to appropriately and timely respond to such signs, the obstetrician or other
medical personnel may be found
liable for the child's resulting HIE injuries
in a
medical malpractice action.
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.