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Who can be sued when a newborn suffers brain injury?


Posted on August 6th, 2015 Brain Injuries

 

Following a child’s birth, friends and family will often ask if the
baby was born healthy. Most of the time, Houston-area parents can confidently
answer yes to this question. In some cases, though, babies are born via
difficult deliveries and may suffer from various health problems as a
result. Some issues may be minor, such as bruising that goes away on its
own, or they may be more severe, such as brain injuries or other forms
of trauma.

When these incidents occur, they can be extremely distressing for a family.
Their newborn may have a disability, the medical expenses can start to
build up and the parents may wonder what, if anything, they can do to
help the situation and obtain compensation for damages. A Texas medical
malpractice
attorney can provide answers to a family wondering who they
can hold accountable for a preventable medical error.

It’s helpful to know that while doctors may be sued for medical malpractice,
other individuals and entities can be held accountable as well. Others
who work in the delivery room, such as nurses, can also be held accountable,
as can anesthesiologists. Some hospital employees may be held accountable
through a legal concept known as “respondeat superior.” This
means that an employer, such as a hospital, may be sued if certain employees
act negligently and harm a patient. In brain injury cases, the harm caused
by negligence can be tremendous – for instance, a baby who receives insufficient
oxygen may suffer from long-term disability.

Consequently, it’s very important for parents of extremely young brain
injury victims to know their legal options. Hospitals themselves may be
sued in some cases, and even pharmaceutical companies may be the defendant
in some suits. In any case, parents may turn to an experienced brain injury
attorney to learn if they have a case and what individuals or entities
may be the defendants in a civil suit.

 

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