Childbirth is supposed to be one of the most wonderful times of people’s lives. While you know there are risks during any childbirth, you should never have to worry about a medical professional making a mistake that causes harm to the baby or mother.
Soloff & Zervanos, P.C. are ready to help you and your family. We understand these types of injury cases and will work diligently to investigate and secure the compensation you deserve. These incidents can be devastating and have long-lasting consequences. When you need a Philadelphia birth injury attorney, call us today.
A Delicate Process
Did you know that the United States lags behind nearly every developed country in the world when it comes to maternal and infant health? In fact, a new study has found that “Babies born in America are less likely to reach their first birthday than babies born in other wealthy countries.”
In the US, medical mistakes are the third leading cause of death. They kill hundreds of thousands of people year and injure millions more.
Healthcare professionals involved in the care of a mother in delivery must always be highly trained. This includes not only the doctors and surgeons but also the nurses and other staff present. There are many signs and symptoms that healthcare providers need to be on the lookout for.
Some common injuries that can happen to a baby during childbirth include:
- bone fractures
- meconium aspiration
- fetal oxygen deprivation
- brain bleeds
- nerve damage
- and more
These injuries can lead to both short- and long-term consequences for the child, including:
- brain damage
- learning disabilities
- delays in development
- and other life-long problems
There are times when doctors and nurses fail to notice signs and symptoms of maternal or infant distress. In many cases, they proceed with a natural birth when they should perform a C-section. If a baby cannot pass safely through the birth canal, whether due to a prolapsed umbilical cord or breech birth, natural birth can be fatal.
The costs of treating birth injuries are hard to calculate and it depends on the extent of the damage. Aside from short-term emergency medical expenses, there could be follow-up procedures that are necessary for years. If a child is disabled and in need of permanent care, who will be left holding the bill?
Philadelphia Birth Injuries: Potential Causes
A child may sustain injuries during birth for a number of potential reasons. Sometimes, birth injuries are the result of negligence on the part of one or more medical professionals. Causes of birth injuries in which negligence may be a factor include (but aren’t necessarily limited to) the following:
- A doctor pulling on a baby’s head with too much force
- Failure to monitor vital signs during the birthing process
- Failure to identify signs of complications
- Using the wrong instrument during a critical step of the birthing process
- Failure to monitor the health of a mother and/or baby during pregnancy
- Prescribing an unsafe medication
- Failure to provide a baby with sufficient oxygen
Those are just a few examples. If you lack medical expertise, you might not be certain whether the cause of your child’s birth injury was related to negligence.
This is one of many reasons it’s wise to review your case with a legal professional in these circumstances. A member of the team at our Philadelphia birth injuries law firm will evaluate the details of your case and determine if you have grounds to take legal action.
Seeking Compensation for Birth Injuries in Philadelphia
If your child sustained birth injuries as a result of the actions or carelessness of a medical professional, you can file a medical malpractice claim or lawsuit to seek compensation for such losses as:
- Medical bills
- Pain and suffering
- The cost of in-home care
- And more
To demonstrate to the negligent party’s insurer that you’re owed compensation, you must show that you and your child were owed a duty of care by a medical professional, that a breach occurred, and that said breach caused your child to sustain injuries and incur damages for which they may be compensated.
Pennsylvania law also requires plaintiffs in medical malpractice cases to file signed “certificates of merit.” This is a document confirming that a qualified medical professional has reviewed the facts of the case and determined that the conduct of a medical professional “fell outside acceptable professional standards.”
How Long Do You Have to File a Birth Injuries Claim in Pennsylvania?
Don’t delay if you’re considering taking legal action against a medical professional whose negligence resulted in harm to your child. In Pennsylvania, you have two years from the time you became aware of medical malpractice or should have become aware of medical malpractice to file a lawsuit. If you miss the deadline, you’ll waive your right to compensation.
How Can a Philadelphia Medical Malpractice Attorney Help You?
There are various ways a Philadelphia birth injuries lawyer can assist you during this challenging time. They include the following:
- Reviewing your case to confirm that it has merit
- Investigating the circumstances of your child’s injuries to gather evidence of negligence
- Adding up compensable losses/damages to determine approximately how much money your claim may be worth
- Filing a claim or lawsuit on your behalf
- Entering into negotiations with the insurance company if they refuse to offer a proper settlement
Moving Forward From Here
If you or your child were injured during childbirth due to the negligence of a medical professional, please seek legal assistance immediately. At Soloff & Zervanos, P.C. we want to help you and your family get through this by investigating what happened. Our goal will be to secure compensation for the following:
- All incident-related medical expenses
- Any future medical expenses arising from complications
- Pain and suffering damages
- Loss of enjoyment of life damages
- Punitive damages against those responsible
When you need a Philadelphia birth injury attorney, call us today so we can get to work. These cases can become very complicated, but we will not back down. You can contact us by clicking here or calling us at 215-929-7216.