Paoli Birth Injury Lawyer

Person holding new born

A birth injury can have lifelong consequences for your child and family. If medical negligence played a role, Kingbird Legal is ready to advocate for you. Our Paoli birth injury lawyer will fight to secure compensation for your child’s medical needs and future care. Call 484-289-4880 today for a free consultation, and let us help your family seek justice.

Can You File a Claim for Birth Injuries Caused by Medical Errors During Pregnancy in Pennsylvania?

Pregnancy should be a time of excitement and anticipation. However, when medical errors during pregnancy lead to birth injuries, it can cause devastating consequences for both the mother and the child. In Pennsylvania, as in many states, if medical negligence contributes to birth injuries, it may be possible to file a legal claim to seek compensation. But understanding when and how to file such a claim can be complicated. Here’s an in-depth look at birth injuries, the medical errors that can cause them during pregnancy, and how you may be able to seek justice.

Understanding Birth Injuries

A birth injury is any physical harm that occurs during childbirth. While some birth injuries are unavoidable and a natural part of the birthing process, many are the result of negligence or errors made by healthcare providers. These injuries can range from minor bruises or fractures to more severe, permanent damage such as cerebral palsy or brain injuries.

Birth injuries during pregnancy are a result of medical errors that take place before labor begins. These errors might involve misdiagnosis, failure to properly monitor the pregnancy, or failure to act on complications. These errors can put both the mother and the child at risk, leading to injuries that may require long-term medical treatment.

Common Causes During Pregnancy

While birth injuries can occur during labor and delivery, errors made during pregnancy can also have a significant impact on the child’s health. Here are some of the most common causes of birth injuries during pregnancy that may lead to a potential claim for medical malpractice.

Failure to Diagnose or Manage Pregnancy Complications

Pregnancy complications are not always preventable, but healthcare providers must identify and manage them properly to reduce the risk of harm. When a doctor or healthcare provider fails to properly diagnose or address complications, it can lead to serious birth injuries. Some examples of complications that can be mishandled during pregnancy include:

  • Preeclampsia: This pregnancy condition involves high blood pressure and can lead to severe health problems for both mother and child if not managed appropriately. If left untreated, it can lead to premature birth or injury to the baby.
  • Gestational diabetes: If not properly managed, gestational diabetes can lead to large birth weight, which increases the risk of injury during delivery, such as shoulder dystocia or brachial plexus injury.
  • Placental abruption: This occurs when the placenta detaches from the uterine wall prematurely, depriving the baby of oxygen and nutrients. Failure to recognize the symptoms can result in a stillbirth or severe complications for the baby.

If a healthcare provider fails to diagnose or properly treat these conditions, it can result in harm to the baby or the mother. In such cases, there may be grounds for filing a medical malpractice claim.

Failure to Monitor Fetal Health

During pregnancy, healthcare providers are responsible for monitoring the health of the fetus. Routine tests, such as ultrasounds, blood tests, and non-stress tests, are crucial in detecting potential issues that could impact the baby’s health. If a healthcare provider fails to properly monitor the baby’s health during pregnancy, serious complications can arise.

For example, if a baby shows signs of fetal distress during pregnancy and medical staff fail to act, the child may suffer from a lack of oxygen, leading to conditions such as brain damage or cerebral palsy. In such situations, it may be possible to hold the healthcare provider responsible for the failure to monitor fetal health.

Inadequate Response to Abnormal Test Results

When abnormal test results arise during pregnancy, such as positive results for genetic disorders or signs of complications like preeclampsia or gestational diabetes, it’s the healthcare provider’s responsibility to act on those results. If they fail to respond appropriately, it can put both the mother and the baby at risk.

For example, if a prenatal screening test shows a potential issue, such as a higher risk for birth defects, the healthcare provider must ensure that further diagnostic tests are conducted to confirm the issue. Failing to follow up on abnormal test results could delay necessary treatment or interventions, leading to preventable birth injuries.

Failure to Provide Adequate Prenatal Care

Prenatal care is critical for ensuring both the mother and the baby are healthy throughout pregnancy. During regular prenatal visits, doctors monitor the mother’s health, check for potential risks, and assess the baby’s development. If a healthcare provider fails to provide adequate prenatal care, or if they miss important signs of complications, it can lead to serious issues later on.

For example, if a doctor fails to monitor the baby’s growth and development or doesn’t notice signs of fetal distress, the baby may be born with complications that could have been prevented with proper prenatal care.

Mismanagement of Multiple Births

Carrying multiple babies (twins, triplets, etc.) comes with its own set of risks. Multiple pregnancies require special monitoring, and healthcare providers must be vigilant to manage the unique challenges that come with them. If a doctor fails to properly monitor a multiple pregnancy or doesn’t take appropriate precautions, it can increase the risk of complications such as premature birth or birth defects.

In some cases, a healthcare provider might fail to properly manage the delivery of twins or triplets, which can lead to injury or harm to one or more of the babies. Mismanagement of multiple births can lead to birth injuries that may result in long-term medical issues.

Can You File a Birth Injury Claim for Medical Errors During Pregnancy?

Yes, it is possible to file a medical malpractice claim if medical errors during pregnancy result in birth injuries. However, these types of cases can be complex, and not all birth injuries during pregnancy will qualify for a malpractice claim. To have a valid claim, you must be able to demonstrate that the healthcare provider’s negligence caused the injury.

Here are some essential factors that can affect whether you have a valid claim:

  • Proof of negligence: In a medical malpractice claim, you must prove that the healthcare provider failed to meet the standard of care expected in the medical community. This requires showing that the provider’s actions, or lack thereof, directly caused harm.
  • Causation: You must be able to show that the negligence caused the birth injury. This often requires medical expert testimony to explain how the provider’s actions (or inactions) led to the harm.
  • Damages: You must demonstrate that the injury resulted in damages, such as medical costs, long-term care, emotional distress, or loss of quality of life. Birth injuries often result in significant long-term consequences, so this is an important element of the claim.

Why You Need an Experienced Attorney

If you suspect that medical errors during pregnancy contributed to a birth injury, it’s essential to consult with an experienced personal injury attorney. Birth injury claims are highly complex and require a deep understanding of both medical and legal issues.

An attorney can help you:

  • Gather and review medical records.
  • Consult with medical experts to establish the standard of care.
  • Navigate the legal process and deal with insurance companies.
  • Work to ensure that you receive fair compensation for your losses.

Given the potential lifelong consequences of a birth injury, it’s critical to have legal representation that understands the nuances of these types of claims.

Paoli Birth Injury Attorney – Protecting Your Child’s Future

If you are in Pennsylvania and believe that medical negligence during pregnancy led to a birth injury, reach out to a skilled personal injury lawyer. With the right legal support, you can hold negligent healthcare providers accountable and secure the resources needed for long-term care and recovery. Kingbird Legal’s Paoli birth injury attorney is committed to securing the financial support your family needs. Call 484-289-4880 today for a free consultation, and let us help you seek justice for your child.