Fresno Birth Injury Lawyer

If you or your child has suffered a birth injury due to a doctor’s or hospital’s negligence, you may be wondering where to go from here. It’s a frightening situation, and you are likely outraged, or maybe you’re in shock and feel paralyzed with fear. While it might seem like too much to handle, your best bet is to contact an experienced birth injury attorney who can help you determine if you have a possible lawsuit against the doctor or the hospital.

There are many complicated issues in birth injury cases, including who can be held responsible for the harm that was done. Dr. Bruce Fagel is one of the most well-respected birth injury attorneys in California. Contact him today so he can help make this process as easy as possible for you. Call 800-541-9376 for a free consultation.

Can A Hospital Be Liable For A Doctor’s Negligence If It Causes A Birth Injury?

Yes. While it may be a specific doctor or other medical professionals who negligently caused the harm, the hospital can be held responsible and be forced to compensate you. The hospital is held vicariously liable through a doctrine known as respondeat superior.

Any time a hospital hires a doctor or other medical professional, they are required to check in to that person’s education, background, licensing, and training. If they haven’t done this, it’s possible that if/when this person causes harm or an injury due to negligence, the hospital will be held responsible. Hospitals are also required to ensure that enough doctors and other support staff are on hand to maintain quality care and treatment for all patients who walk through their doors.

What Exactly Is Respondeat Superior?

Under this doctrine, the hospital is liable for their employees as long as the employees were acting within the scope of their job duties when the negligence took place. For most birth injury cases, this doctrine makes it permissible for the victims to sue the hospital where the injury occurred, as well as the specific doctor, obstetrician, or other medical staff present during the delivery.

Can A Pharmaceutical Company Be Held Liable For A Birth Injury?

In some circumstances, yes. If the drug manufacturer has fully informed the doctor of all of the risks associated with their medications, it’s unlikely that the pharmaceutical company would be held liable for a drug-related birth injury. However, a pharmaceutical company must make sure that any medications they manufacture are reasonably safe if used the way they are intended. Additionally, if the pharmaceutical company doesn’t adequately warn a doctor or other medical professional about the possible dangers and harms of their medications, the company could be held liable if a doctor then prescribes that medication to you without informing you of all of the risks.

Dr. Bruce Fagel Will Make It Seem Easy

While this might all sound confusing, Dr. Fagel will do all the heavy lifting for you. He knows exactly how to file a successful birth injury lawsuit. He has been dealing with medical malpractice cases for decades, and he’s even a licensed physician in the state of California. Call the office today at 800-541-9376 for a free consultation so you can get the justice you deserve for you and your child.