Birth injuries are devastating events that can change the lives of both parents and children. In the medical field, despite advancements in technology, errors during childbirth still occur. These errors can lead to lifelong consequences for infants and their families. At Pribanic & Pribanic, we specialize in handling birth injury cases, offering legal support to parents whose children have suffered harm due to medical malpractice during labor and delivery. Below are some common birth injuries that we handle:
- Brachial Plexus Injuries
- C-Section Errors
- Cerebral Palsy
- Vacuum & Forceps Injuries
- Erb’s Palsy
- Fetal Distress
- Paralysis
- Preeclampsia
- Head Cooling
- Hypoxic Ischemic Encephalopathy
- Kernicterus
- Shoulder Dystocia
- Infant Wrongful Death
- Medical Care Mistakes Resulting in Birth Injury
Understanding Birth Injuries and Medical Malpractice
Despite significant medical advancements, birth injuries are still prevalent today. Many of these injuries occur due to medical negligence during labor and delivery. Medical professionals, including doctors, nurses, and other healthcare providers, are expected to follow a standard of care that ensures the safety of both the mother and the child. However, errors can occur when they fail to meet these standards. Birth injuries can lead to a wide range of conditions that affect the child’s physical and cognitive development, requiring lifelong care and medical treatment.
Medical malpractice, in the context of birth injuries, refers to mistakes or negligence made by healthcare providers during the birthing process. These mistakes can be the result of improper medical techniques, failure to monitor the mother and child properly, delayed decisions, or improper use of medical equipment. When a healthcare provider’s actions or negligence leads to harm, the affected child or family may be entitled to compensation through a birth injury lawsuit.
Statute of Limitations for Birth Injury Medical Malpractice
One of the most important aspects to consider when pursuing a birth injury lawsuit is the statute of limitations, which is the time limit within which a lawsuit must be filed. In Pennsylvania, the general rule for filing a medical malpractice lawsuit is two years from the date of the injury. However, there are exceptions, especially for minors. For example, if a child is injured at birth, the statute of limitations extends until the child turns 18 years old, plus two additional years. This allows the child ample time to pursue legal action once they reach adulthood.
In cases where the injury is discovered later, the “discovery rule” applies. For example, if an injury or medical error was not immediately apparent, the statute of limitations begins when the injury is discovered, rather than when it occurred. This ensures that patients have the opportunity to file a lawsuit even if the injury’s effects were not immediately obvious.
Medical Malpractice in Birth Injury Cases
Medical malpractice occurs when a healthcare provider deviates from the standard of care, which is the level of care that a competent healthcare provider would provide under similar circumstances. In birth injury cases, this could involve improper handling during delivery, failure to respond to fetal distress, incorrect use of medical devices, or not providing appropriate interventions during labor. When a healthcare provider’s negligence results in harm to the child, it constitutes medical malpractice, and the family may be entitled to seek compensation for the injury.
For example, if a doctor uses excessive force during a vaginal delivery or applies a vacuum extractor or forceps incorrectly, it can result in injuries such as brachial plexus or cerebral palsy. Similarly, if a cesarean section (C-section) is delayed or not performed in a timely manner when needed, it can lead to complications like fetal distress or oxygen deprivation, which can have severe consequences for the infant.
How Medical Malpractice is Determined in Birth Injury Cases
In Pennsylvania, medical malpractice is determined based on whether the healthcare provider followed the accepted standard of care during the delivery process. Medical experts will typically be called upon to testify whether the actions of the healthcare provider were reasonable and consistent with accepted practices in the medical field. If it is determined that the provider’s actions deviated from the standard of care, and this caused harm to the infant or mother, the healthcare provider may be found liable for the birth injury.
The legal process involves proving that the healthcare provider’s negligence directly resulted in the injury. This requires gathering evidence, such as medical records, expert testimony, and other relevant documentation, to support the claim of malpractice. If the case is successful, the injured child and their family may be entitled to compensation for medical expenses, pain and suffering, lost wages, and other damages.
How Often Do Medical Malpractice Birth Injuries Occur?
While many medical professionals are highly skilled and dedicated to their work, medical malpractice is still a significant issue in healthcare. Physician negligence is one of the leading causes of death in the United States, and birth injuries are a prominent part of this problem. According to studies, more than 13,000 doctors across the nation have been disciplined for serious misconduct or incompetence. This includes medical errors related to birth injuries, where improper medical care or negligence led to harm.
Research has shown that a small percentage of healthcare providers are responsible for the majority of malpractice cases. This highlights the importance of holding negligent doctors and hospitals accountable for their actions. Unfortunately, it can be challenging for families to obtain information about a doctor’s disciplinary history due to state confidentiality laws. Despite this, it is important for families to know that when birth injuries occur due to negligence, they have legal recourse to seek justice.
What You Should Know About Medical Malpractice Lawsuits for Birth Injuries
If your child has suffered a birth injury due to medical malpractice, it is important to act quickly. Consulting with an experienced medical malpractice attorney is essential to understanding your rights and the legal options available to you. A knowledgeable lawyer can help you navigate the complexities of medical malpractice laws, gather the necessary evidence, and file a lawsuit within the statute of limitations.
At Pribanic & Pribanic, we understand the challenges that families face when dealing with the aftermath of a birth injury. Our attorneys have extensive experience handling birth injury cases and have helped many families secure the compensation they deserve. We are committed to ensuring that medical professionals are held accountable for their actions and that injured children receive the care and financial support they need.
Conclusion
Birth injuries are a tragic reality for many families, but when medical malpractice is the cause, it is essential to take action. By holding negligent healthcare providers accountable, families can obtain compensation that can help cover medical costs, therapy, and other expenses related to the care of an injured child. If you believe your child has suffered a birth injury due to medical malpractice, it is crucial to seek legal help from an experienced attorney. At Pribanic & Pribanic, we are dedicated to fighting for the rights of injured children and their families, helping them navigate the legal process with compassion and expertise.
PRIBANIC & PRIBANIC ATTORNEYS HAVE HELPED CHILDREN, PARENTS & FAMILIES SINCE 1984