When a baby is diagnosed with Hypoxic-Ischemic Encephalopathy (HIE), parents often wonder if the injury could have been prevented. In some cases, medical mistakes made during labor and delivery are to blame. Under certain circumstances, hospitals can be held legally responsible for these mistakes through a legal principle called respondeat superior.
What Is Respondeat Superior?
The term respondeat superior means that an employer can be held accountable for the actions of their employees when those actions occur within the scope of their work. In a hospital setting, this applies to doctors, nurses, and other staff involved in providing care. If preventable errors, like failing to monitor fetal distress or delaying delivery occur, the hospital may share liability. This accountability is important because hospitals are often in the best position to provide the financial resources families need for their child’s long-term care.
How Hospitals Are Investigated For Responsibility
Determining whether a hospital is responsible for a baby’s HIE injury involves a detailed investigation. Birth injury lawyers start by reviewing medical records, such as fetal monitoring strips, to identify signs of negligence. They also look into which staff members were providing care during the key moments of labor and delivery. Depositions and written discovery are used to confirm whether the medical professionals involved were hospital employees or independent contractors. This step ensures that the right parties are held accountable.
In cases where preventable errors occurred, how hospitals can be held responsible for some baby HIE injuries depends on proving that the mistakes were made by hospital employees during the course of their work. Establishing this link allows families to hold the hospital accountable for the harm caused.
How Hospitals Can Be Held Responsible For Some Baby HIE Injuries
While not every HIE injury is caused by medical errors, some are preventable. When those errors involve hospital employees acting within their roles, families may pursue legal action to hold the hospital accountable. Understanding how hospitals can be held responsible for some baby HIE injuries gives parents clarity and a way to seek justice.
If your baby was diagnosed with HIE, consulting a birth injury lawyer can help uncover whether medical malpractice contributed to the injury and provide answers during a difficult time. To speak with me further about your baby’s HIE brain injury at birth, you can reach me at my contact information below.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
