Who is Liable for Birth Injuries Caused by the Misuse of Tools?

When delivering a baby, a doctor may utilize a number of different methods to help the birth go as smoothly as possible. The use of medication, the administration of a C-section procedure, and other medical processes can all help during a birth.

One method that a doctor may turn to during a delivery is the use of tools. Forceps and vacuum extractors can aid in a difficult birth if used correctly, but can cause serious birth injuries if mishandled. Birth injuries that can be caused by these tools include skull fractures and disfigurement, bleeding and hemorrhaging, brain injuries, nerve damage, and eye injuries. The misuse of tools during a birth can also cause injury to the mother. When these types of injuries occur, there are multiple parties who may be liable.

Doctor and Nurse Liability

Doctors and nurses are responsible for using tools correctly during a birth and doing whatever they can to prevent injury. If a doctor is careless in the use of forceps or a vacuum extractor, they can be held liable for damages through a birth injury claim.

Hospital Administration Liability

Although doctors and nurses are responsible for using tools safely and correctly, the failure to do so can be a result of negligent oversight by the hospital where they work. For example, the hospital administration may fail to provide their employees with proper training on how to use forceps and vacuum extractors. Or, they may offer limited resources to their employees and provide outdated, defective, or unsafe equipment. A hospital can also cause birth injuries if they hire incompetent doctors and nurses to perform deliveries. Regardless of whether hospital administration is directly responsible for causing injury to a patient, they will often be held liable in medical malpractice cases because they are responsible for overseeing the entire operation.

Equipment Manufacturer Liability

Birth injuries can also result if the forceps, vacuum extractors, or other tools that a doctor is using are defective. In these cases, the equipment manufacturer or retailer could be liable for any resulting injuries and damages.

At the Law Offices of David A. Kates, PLLC, we are dedicated to helping families recover from the effects of negligence. Contact us today to discuss the details of your case.

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