Liability in a Birth Injury Case
A childbirth injury is a serious condition brought on by complications in the pregnancy and during the birthing process. Too often, women assume that the injury is a normal risk of delivery and do not take action. However, many birth injuries are the direct result of medical negligence. This is why it is important to research the cause of the birth injury to determine any liability.
Was Negligence Involved?
The first question to ask in any situation involving a birth injury is whether that injury could have been, and should have been, prevented. If the answer is yes, then the next step is to determine what action, or lack thereof, contributed to the harm. Was your baby pulled too hard during delivery? Did your doctor fail to warn you of pregnancy risks? Did a nurse ignore signs of fetal distress? Did your doctor react inadequately to a birth infection?
Who Is Responsible?
Once you determine what caused the injury, you can then begin looking at who is responsible. This could be your doctor, your nurse, or sometimes the hospital if the negligent person was employed there. In general, the person or entity responsible for your child's birth injury is the person or entity whose actions fell short of the birth injury standard of care. The standard of care is a frame of reference for how medical professionals should behave when entrusted with a specific duty.
Sometimes it is the case that multiple parties are liable for a childbirth injury. For example, a hospital may be held liable when one of its employees makes a mistake, as well as the negligent employee. If a medication error caused the birth injury, the manufacturer may be held responsible as well as the doctor, nurse or pharmacist responsible for prescribing or administering the medication.
Proving Liability in Birth Injury Cases
In order to prove legal liability, you will need to establish a direct relationship between a health care provider's actions and the injury to your child. An in-depth investigation is necessary to gather evidence, including expert testimony describing how a doctor, nurse, medical technician, staff or other medical professional acted incompetently. The information you need to establish and prove liability will depend on your specific situation.
The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. We can help you determine whether someone is legally liable for your child's birth injury, and advise on your legal options to seek justice.
To discuss your child's birth injury with one of our professionals, contact our office, in Philadelphia, Pennsylvania. We serve clients across the United States.
