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The birth of a child should be a joyful occasion for a mother and her family. Compassionate and high-quality medical care plays a crucial role in ensuring the delivery process goes smoothly. Unfortunately, not every healthcare provider who cares for pregnant and laboring mothers meets the “standard of care” expected of them. Far too many families learn this each year when they are faced with devastating birth injuries.
While money alone cannot fix all the damage that a serious injury during childbirth can cause, taking proactive legal action with a skilled malpractice attorney’s support, could help protect your family’s best interests. If you believe you or your child suffered avoidable harm during childbirth because of a doctor’s misconduct, help is available from a seasoned and tenacious Bala Cynwyd birth injury lawyer.
How a Doctor’s Misconduct Can Lead to a Birth Injury
Every licensed medical professional who establishes any kind of doctor-patient relationship with someone else, is expected to meet a “standard of care” based on what an equally knowledgeable and experienced physician would do under similar circumstances. If a medical professional causes or allows a patient to become injured as a direct result of failing to meet this standard, that medical professional is legally “negligent” and may be held liable for losses their negligence causes.
Some common examples of reckless or careless actions that may lead to a newborn infant or their mother experiencing avoidable harm during childbirth include:
- Failure to account for complicating factors like the shape of the mother’s pelvis or dystocia of the fetus
- Misuse of tools like forceps or vacuum extractors
- Allowing an infant to suffer oxygen deprivation before or during birth
- Lack of appropriate pre- or post-birth care
- Miscommunication between medical staff members
- Failure to identify and address excessive bleeding
It is worth emphasizing that courts typically require more than a plaintiff’s word that a medical professional breached a standard of care. As a Bala Cynwyd birth injury attorney could further explain, Pennsylvania law requires all prospective malpractice plaintiffs to obtain a “certificate of merit”—a signed statement from a qualified medical expert affirming that they have valid grounds to file suit. Potential plaintiffs must include this certificate with their initial complaint or submit it no later than 60 days after their initial filing.
Recovering Fairly for Short and Long-Term Losses
What makes birth injury claims especially complex is how long-lasting and debilitating the effects of these injuries can be. Infants who suffer physical trauma during birth are especially vulnerable to experiencing permanent harm, which may lead to severe physical, cognitive, and developmental disorders. A single physician’s mistake could result in decades of additional expenses, personal losses, and psychological trauma for the child and their loved ones.
Support from a seasoned lawyer in Bala Cynwyd can be crucial to accurately estimate the value of recoverable damages in birth injury cases. Common examples of compensable losses include loss of future earning capacity, long-term medical bills, physical and psychological suffering, and more. A legal professional’s assistance can also be key to building a strong claim within applicable filing deadlines, as state law typically gives parents just two years to file suit after initially discovering the birth injury.
Discuss Your Legal Options With a Bala Cynwyd Birth Injury Attorney
No family deserves to experience the pain and heartbreak that comes with an injury during childbirth. If your family has been forced to deal with these circumstances, a compassionate attorney can work tirelessly to enforce your legal rights on your behalf.
Civil litigation may not reverse the damage done to your family, but it could go a long way toward stabilizing your finances and giving your child the best quality of life possible. Call Lowenthal & Abrams today to learn what a Bala Cynwyd birth injury lawyer can do for you.
