According to the American College of Obstetricians and Gynecologists (ACOG), standardized protocols and checklists for patient treatment and care have been clearly shown to significantly reduce the risk of patient harm. Standardized performance of critical tasks is particularly important in stressful environments such as labor and delivery suites, where fatigue is a frequent factor, and in office settings in gynecology/obstetrics practices. Birth injuries are often found to have occurred due to absence of protocols or non-adherence to protocols in place.
The failure to establish and follow standardized protocols can result in birth injuries that could have been prevented. Birth-injury lawyer Jeff Killino and his national team of birth-injury lawyers have extensive experience with birth-injury cases, including those arising out of injuries caused by negligent health-care protocols and procedures. If your child has sustained a birth injury, contact us for more information about your legal rights and options.
Who Can Be Held Liable for Birth Injuries Caused by Inadequate Patient Protocols and Procedures?
A physician who undertakes the care and treatment of a pregnant woman has a duty to exercise reasonable care for the health and safety of the woman and her unborn child, both of whom are the physician’s patients. Clinics, hospitals, and other entities that employ such physicians owe the same duty of reasonable care to all patients under their care.
The failure of physicians, clinics, and hospitals to institute appropriate treatment protocols or to follow adequate established protocols are frequent causes of birth injuries that could have been prevented with the exercise of due care. A physician who is found to have deviated from an established protocol either during pregnancy care or the delivery of a child may be found negligent in a medical-malpractice action and held liable for any birth injury determined to have been caused by the physician’s negligence. When a physician who is employed by a clinic or hospital is found to have negligently caused a child’s birth injury, the clinic or hospital may also be found liable (indirectly) for the damages suffered by the child.
Non-adherence to protocols during labor and delivery has often been found to result in preventable birth injuries. Erb’s palsy and other brachial plexus palsies, for instance, may be caused by failure to follow protocols in assisting the delivery of macrosomic (above average weight) fetuses, while asphyxiation injuries may result from negligent following of protocols for maternal and fetal monitoring.
Obtain Legal Assistance from Birth-injury Attorney Jeff Killino
Birth-injury firm attorney Jeff Killino is recognized across the country for his aggressive pursuit of justice on behalf of children who have sustained preventable birth injuries. If your child was born with an injury of any kind and you suspect that the injury was caused by medical malpractice, other negligence, or a dangerous and defective product, attorney Killino and his respected team of birth-injury lawyers can help you obtain the compensation to which you and your family are entitled.
