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.
The medical malpractice attorneys at Soloff & Zervanos Personal Injury Attorneys 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 lawyer, call us today.
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:
These injuries can lead to both short- and long-term consequences for the child, including:
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. When 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. When a child is disabled and in need of permanent care, who will be left holding the bill? A lawyer in Philadelphia could review the cause of a birth injury and determine an appropriate compensation amount.
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 are not necessarily limited to) the following:
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 in Philadelphia at our birth injury law firm will evaluate the details
Common types of birth injuries include soft tissue injuries, nerve damage, and bone fractures. The top types of birth injuries include:
Parents should be vigilant for physical and developmental signs that could indicate a birth injury in newborns and infants. These signs can range from unusual muscle tone (stiffness or floppiness) to difficulties with feeding, delayed responses to stimuli, excessive crying, and problems with motor skills development, such as delayed walking or difficulty with fine motor tasks like grasping objects.
Additionally, signs like seizures, developmental delays, and abnormalities in head size or facial features can also be indicators of potential birth injuries. A Philadelphia attorney can probe the circumstances of a suspected birth injury to determine whether grounds exist to file a negligence claim for compensation.
To prove negligence in a birth injury case, four key elements must be established: duty of care, breach of duty, causation, and damages. This involves demonstrating that the healthcare provider had a responsibility to the patient, failed to meet the standard of care, and that this failure directly resulted in harm. Healthcare providers, including doctors, nurses, and hospitals, have a legal obligation to provide a reasonable standard of care to their patients.
A breach of duty occurs when the healthcare provider’s actions (or inactions) fall below the accepted standard of care in their field. The breach of duty must be the direct cause of the patient’s injuries. This means that the injury would not have occurred if the provider had not been negligent. The patient must have suffered actual harm or injury, such as physical injuries, emotional distress, or financial losses, as a result of the negligence.
Medical records are crucial for detailing the care provided during pregnancy, labor, and delivery, and can reveal inconsistencies, omissions, or errors. A Philadelphia birth injury attorney can consult with medical experts to determine if the standard of care was breached and to explain the causal link between the negligence and the injury.
Testimonies from nurses, other medical staff, and even family members present during the birth can provide valuable insights into the events. An attorney can also take steps to preserve other key documentation that could prove to be vital evidence in your case, including diagnostic reports (e.g., ultrasound results), hospital policies, and any visual evidence like photos or videos.
of your case and determine if you have grounds to take legal action.
When your child sustains a birth injury as a result of the actions or carelessness of a medical professional, you can file a medical malpractice claim or lawsuit with an attorney in Philadelphia to seek compensation for such losses as:
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.”
Do not delay if you are 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 will waive your right to compensation.
There are various ways a birth injury lawyer in Philadelphia can assist you during this challenging time. They include the following:
When you or your child were injured during childbirth due to the negligence of a medical professional, please seek legal assistance immediately. At Soloff & Zervanos Personal Injury Attorneys 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:
When you need a Philadelphia birth injury lawyer, call us today so we can get to work. These cases can become very complicated, but we will not back down.
