Did Your Baby Suffer Medical Trauma During the Birthing Process?
There are few things on Earth more challenging than watching your child suffer. If your newly born child suffered medical trauma during the birth process and was injured as a result, you are almost certainly struggling emotionally with that reality. It is important to understand that you do not have to struggle alone and to understand that you are not powerless. Connecting with a medical malpractice lawyer Philadelphia, PA parents trust will help to ensure that you fully understand what your rights and options are under the law. Once you are aware of what your options are, you can make informed decisions about those options.
Do You Have Grounds Upon Which to File a Personal Injury Claim?
Not every birth-related injury is grounds for a medical malpractice lawsuit. That is one of the primary reasons why it is important to connect with a Philadelphia, PA medical malpractice lawyer and to have your case thoroughly and objectively evaluated before committing to either a plan of action or a plan of inaction.
In order to pursue a medical malpractice case successfully, you’ll need to prove that one or more medical providers (your physician, a technician, the hospital itself, etc.) failed to uphold the duty of care owed to mother and/or child under the law. In a nutshell, healthcare providers can only be held accountable for medical malpractice if their failed to act in ways that reasonable practitioners would under similar circumstances. Therefore, if a reasonable obstetrician facing similar circumstances would have handled your child’s medical situation very differently, you may have strong grounds upon which to file a lawsuit related to your baby’s injuries.
How Quickly Do You Need to Act?
Every state employs its own “statute of limitations” when it comes to filing medical malpractice claims. A statute of limitations restricts the amount of time that injury victims (and/or their closely-related loved ones, under certain circumstances) can file legal action. If someone tries to file a lawsuit after the statute of limitations related to their case has expired, their lawsuit will be dismissed.
Birth trauma cases are unique, in that parents may file a lawsuit within the first few years after the trauma has occurred and child victims themselves may have much longer to file on their own behalf. With that said, it is important to speak with a Philadelphia, PA medical malpractice lawyer as soon as you can after birth trauma occurs. Being proactive can help to ensure that critically important evidence is preserved and your family’s legal options are protected as you mull over your opportunities for seeking legal recourse.
Medical Malpractice Consultation Basics
Once you have scheduled a risk-free consultation with an experienced Pennsylvania legal team at Wieand Law Firm, LLC, you’ll want to take a little time to prepare for that meeting. Write down your questions and concerns so that you can reference them during your consultation. Gather medical paperwork and any other information that will help us to better understand the ins and outs of your case. Finally, if you feel that you are still too distraught to fully pay attention during the consultation, bring along someone trustworthy who can take notes and make sure that you leave the consultation setting armed with all the information you’ll need to make decisions about your situation moving forward.
The 5 Types of Birth Injuries Due To Medical Malpractice
A medical malpractice lawyer Philadelphia, PA families trust from Wieand Law Firm, LLC can imagine that enduring labor is challenging enough, and parents shouldn’t have to be concerned about their baby suffering from birth injuries. Devastatingly, babies can get seriously hurt if the doctor and/or nursing staff fail to provide a standard of care that is expected within the medical field. Doctors or nurses may make a crucial error, or commit an oversight which leads to the baby being injured. Here we discuss the five types of birth injuries that can occur due to medical malpractice.
#1 Brain Injury
There are several ways that a baby can sustain a brain injury during birth. Due to fault of the medical staff, the baby may suffer from intraventricular hemorrhage (bleeding where spinal fluid is generated in the body), cerebral hemorrhage (bleeding within the brain), subarachnoid hemorrhage (bleeding between brain cover and arachnoid membrane), and cephalohematoma (bleeding between skull cover and skull, causing a bump on the head).
Additionally, if the baby lacked oxygen during labor and delivery, both physical and mental issues can occur. The severity of these problems depends on how long the baby was deprived of sufficient oxygen. The result may be labored breathing, seizures, coma, shock, and fatality. A lawyer from Wieand Law Firm, LLC Pennsylvania families trust may be able to recover damages for this type of injury.
#2 Peripheral Nerve Damage
Otherwise referred to as a brachial plexus injury, peripheral nerve damage can cause limited mobility in the hands and arms, numbness, weakness, paralysis, pain, and loss of physical sensation in the newborn. These nerves can get damaged because of shoulder trauma during birth, inflammation, or tumors.
#3 Cranial Nerve Damage
Doctor or medical staff that do not properly rotate the baby, or stretch and pull in unnatural ways during birth can cause damage to the spinal cord and cranial nerve. The newborn may have paralysis (of the face and other areas), skin that is sensitive to the touch, and weak muscles.
#4 Bone Fractures
When a birth is breached or the baby is large in size, it can lead to bone fractures. When humans are first born our bones are more fragile and get stronger by fusing together as we age. During delivery, the clavicle and other bones can more easily break due to the pressure of birth. If the doctor ignored warnings that suggested a breached or large baby, and an injury occurred, you should call a PA medical malpractice lawyer in Philadelphia immediately.
#5 Intra-Abdominal Wound
Perhaps the rarest injury, but still possible, is an intra-abdominal wound. This is a blunt injury to the abdominals that can cause damage to the baby’s internal organs. Symptoms include vomiting, nausea, fever, abdominal pain, tenderness, and distension may be present in the baby upon delivery.
It goes without saying that parents who realize their baby is injured immediately after giving birth can be a terrifying moment. This is supposed to be a beautiful moment, and the medical staff may have taken that away from you due to carelessness. If you suspect that your baby’s injuries could have been due to the doctor or staff that attended to you during labor, then it is advised that you seek a lawyer right away. Your attorney can let you know whether what happened could entitle you to financial compensation for injuries, pain and suffering, and other losses as a result of the medical malpractice.
Birth Injury Medical Malpractice Red Flags
As we’ve covered above, a birth injury is a physical harm sustained by the infant during or shortly after labor. Birth injuries happen during complicated deliveries and can impact both mother and baby. We can imagine that during this time you should be experiencing joy and adjusting to a new way of life with your newborn. But for many parents, a doctor’s error led to their baby suffering in some way. If you suspect that the doctor or other medical staff failed or were careless when tending to you, please call our law firm for help.
Here are examples of red flags that may mean a birth injury has occurred:
- Cuts, bruises, and other marks are on the baby’s face, head, and shoulder
- Breathing difficulties
- Heartbeat abnormalities
- Limp extremities
- Yellow tinge color to the skin
- Facial paralysis (both sides or one)
- Feeding problems
- Trouble sleeping
- Weak muscle tone where the baby has a “floppy” appearance
- Stiff muscle tone where the baby appears stiff
It is important to note that birth injuries sustained during delivery may only be seen later on in life. This is especially true if the baby’s injuries were internal, and parents may not realize something is awry until their son or daughter hasn’t reached developmental milestones. Birth injuries that may show up later in life include:
- Not reaching milestones developmentally, such as crawling, walking, and sitting up
- Not reaching milestones related to speech and language
- Vision or hearing issues, such as the baby doesn’t respond to bright lights or loud sounds
- Challenges grasping objects and holding onto them
- Poor reflexes
Premature babies are more vulnerable to birth injuries since they tend to be more fragile and small. Babies that are larger than normal may have issues coming through the mother’s birth canal and can suffer from asphyxia. Babies that are part of prolonged and extensive labor may also be at-risk for a birth injury. However, just because a baby may be at a higher risk for sustaining a birth injury, it doesn’t mean that doctors and staff can be negligent. In fact, they should be even more attentive and take steps to reduce the likelihood of something going wrong.
Medical Malpractice Lawyer Philadelphia PA
When people go to the hospital or doctor’s office to get treated for an illness or injury, they expect to come out feeling better. Unfortunately, that doesn’t happen all the time. Sometimes medical professionals make mistakes that end up hurting their patients. If you were recently injured while under a doctor’s care, you should speak to a medical malpractice lawyer Philadelphia PA residents turn to.
Common Causes of Medical Negligence
Thousands of patients endure medical injuries every year. Here are some of the top causes of medical negligence a medical malpractice lawyer in Philadelphia PA sees:
- Surgical Errors: Surgery is sometimes necessary to treat an injury or illness. However, if surgeons and other medical staff members are fatigued or not paying attention, mistakes can happen during the surgical procedure. Common mistakes made during surgery include operating on the wrong body part, leaving surgical instruments in the body and performing the wrong procedure.
- Misdiagnosis: A misdiagnosis occurs when a doctor diagnoses a patient with the wrong condition. The patient then receives the wrong treatment. Even when the right diagnosis is made by a new doctor in the future, it’s often too late.
- Medication Errors: Medications can treat a wide variety of health conditions. However, when a doctor makes medication errors, it can have serious consequences on the patient. Examples of medication errors include prescribing the wrong medication, prescribing the incorrect dosage and giving inadequate instructions on how to take the medication.
- Anesthesia Errors: Most surgical procedures require general anesthesia. However, if anesthesia isn’t administered properly or the patient isn’t monitored, it can cause devastating consequences, like organ failure, brain damage and heart attacks.
- Childbirth Injuries: Childbirth injuries are some of the most tragic forms of medical malpractice. Common childbirth injury claims a medical malpractice lawyer in Philadelphia PA deals with include failure to diagnose congenital disabilities, failure to perform a timely C-section and failure to use proper delivery procedures. Even if the child doesn’t die, he or she can still suffer long-term disabilities.
When to File a Medical Malpractice Lawsuit
If you believe you’re the victim of medical malpractice, it’s important to file a lawsuit as soon as possible. In Pennsylvania, the statute of limitations to file a medical negligence lawsuit is two years. After that time period has passed, you’re no longer eligible to receive compensation.
Speaking With a Medical Malpractice Lawyer
Medical malpractice lawsuits are some of the most complex types of personal injury cases. That’s why it’s in your interest to hire an experienced medical malpractice lawyer in Philadelphia PA. He or she can help you file your lawsuit in a timely manner, ensure your rights are protected and improve your chances of getting a fair settlement.
If you were injured while under a doctor’s care, schedule a free consultation with a medical malpractice lawyer in Philadelphia PA at Wieand Law Firm today.
Our trusted medical malpractice lawyer Philadelphia, PA relies on from Wieand Law Firm, LLC knows that there are certain groups of people you may put your trust in more than others: firefighters, police officers, and doctors, just to name a few. However, when a doctor makes a negligent mistake, their mistake can be much more costly than another person’s mistake. When a doctor, nurse, or medical professional makes a mistake, it could mean you are left with a serious injury or even a death in the family. Our Philadelphia, Pennsylvania medical malpractice lawyer wants you to know that if you have experienced an injury at the hands of a healthcare provider or if a mistake has caused a loved one’s death, you should reach out to our office so we can begin helping you pick up the pieces.
What constitutes medical malpractice?
Our medical malpractice lawyer in Philadelphia knows that you may be wondering if any mistake a healthcare provider makes means that medical malpractice has occurred. This is a particularly complex area of law and just because a mistake happened does not mean you will be successful in filing a medical malpractice claim and winning. Instead, there are certain factors that must be present for a valid medical malpractice claim.
- You were under the care of a medical professional and they owed you a certain duty of care. This means that the medical professional was actively responsible for your wellbeing. Casually asking a doctor for advice does not mean that they owed you a duty of care.
- The medical professional in some way violated that duty of care in a way that other medical professionals would not have.
- Because they violated that duty of care, you suffered from actual injuries.
- The injuries you suffered from were bad enough to need compensation.
How can a Philadelphia, PA medical malpractice lawyer help me?
If you suspect that medical malpractice has occurred, you should not try to bring a lawsuit forward on your own. Hiring a medical malpractice lawyer will give you a better chance of recovering full compensation for damages such as:
- Past and future medical expenses
- Pain and suffering
- Lost wages
Get the Help You Need From Our Team Today!
If you have any more questions regarding a medical malpractice lawsuit, please reach out to our medical malpractice lawyer in Philadelphia, PA from Wieand Law Firm, LLC now.
Call Wieand Law Firm, LLC Today
We can only imagine the anguish you may be going through right now. As new parents with an injured baby, you may be outraged and confused as to how this could have happened. We encourage parents to seek our assistance so they can understand their options in pursuing compensation. You may have grounds for a lawsuit where you can receive a substantial amount in restitution from the doctor and/or medical facility for the birth injury. If you are interested, call a medical malpractice lawyer in Philadelphia, Pennsylvania from Wieand Law Firm today to get the legal support you need promptly.