It is devastating to learn your child experienced injuries during birth because of a healthcare provider’s mistakes. The effects of this damage could mean additional costs to treat your child’s condition.
You have the right to pursue legal action if your infant suffered injuries during birth because of a healthcare provider’s negligence. Schedule a meeting with a qualified Erie birth injury lawyer to discuss how we can support your family through this difficult situation.
Establishing Negligence for a Birth Injury
The first and most essential step to recovering financial damages is determining who is liable for a specific injury. This step can be especially complex for injuries during birth, as pregnancy and childbirth typically involve multiple doctors and medical providers.
Every certified healthcare professional must uphold their duty to provide an appropriate standard of care for all patients. A successful civil claim must show the court that the elements of medical malpractice occurred.
Doctor and Patient Relationship Establishing Duty
A claim must prove the existence of a doctor-patient relationship that establishes a medical professional’s duty to provide the legal standard of services.
A Breach Occurred
State laws define a healthcare professional’s duty to exercise the same care to treat patients as other professionals with similar skills and experience in the same field. To pursue a claim based on medical malpractice, there must be evidence to establish a breach showing the defendant failed to meet this standard of care.
The Breach Caused the Patient to Suffer Damages
While regulations do not require the malpractice to be the sole cause of a claimant’s damages, there must be proof the actions were the reasonable primary cause. A birth injury lawyer in Erie can review the case specifics to determine if the necessary components to establish liability are present.
The Affidavit of Merit in Medical Malpractice Cases
In recent years, many states, including Pennsylvania, have started requiring a healthcare professional to review potential medical malpractice cases to ensure there is sufficient cause for legal action. This requirement is intended to diminish the number of instances of people filing lawsuits without adequate proof that malpractice occurred. Per the instruction of 231 Pennsylvania Code § 1042.3, a medical provider in a field relevant to the case must review the evidence. If they find a reasonable probability that the defendant’s actions failed to meet appropriate standards of care, this professional must provide an Affidavit of Merit.
The legislation requires the claimant to file this affidavit when they commence legal action or within 90 days of the initial filing. The certified provider completing the affidavit does not have to testify, even if other doctors are testifying during the trial. An Erie birth injury attorney has relationships with physicians in the area and can work to complete this requirement while an injured plaintiff focuses on their recovery.
Meet With an Experienced Birth Injury Attorney in Erie
If your baby experienced harm during birth because a medical professional failed to provide an appropriate standard of care, you are likely feeling overwhelmed and angry. While no amount of money can change what happened, it could ensure you have the finances to provide your child with the care they need while holding the physician responsible.
Medical malpractice cases are a complex process with many potential pitfalls. Fortunately, a skilled Erie birth injury lawyer can take on the legal work and fight for the fair settlement you deserve. Call Lowenthal & Abrams, Injury Attorneys, today to review your case and options as soon as possible.