When a birth injury happens, parents are often left wondering if the medical team provided the care and attention required during delivery. To prove that a birth injury was the result of medical malpractice, parents need to establish that the healthcare professionals did not meet the expected high standard of care. This involves showing that the harm could have been avoided if appropriate medical protocols had been followed.
However, proving medical negligence in Harrisburg requires significant legal knowledge and access to experts who can provide objective opinions to support the claim. Legal support by reputable attorneys and counselors can offer essential support to strengthen your birth injury case. Medical malpractice attorneys have the required experience and skills to guide parents through the legal process and achieve a fair outcome.
The Complexity of Birth Injury Claims in Harrisburg, PA
Around the world, 3-6% of hospitalized patients experience injuries due to lapses in medical intervention. However, birth injury cases involve many areas that may introduce complexity when proving that malpractice was the root cause. It demands careful evidence collection and experience.
Below are the key elements necessary to substantiate a birth injury malpractice claim.
Existence of a Relationship with a Healthcare Professional
The first step is establishing a formal patient-caregiver relationship with the healthcare provider or facility. When parents show a professional connection, they can more readily argue that a duty of care was owed to both the mother and the child.
You need proper documentation to help you establish this relationship. These include:
- Prenatal care records
- Hospital admissions
- Delivery records
- Lab tests and results
Without this professional relationship, it would be difficult to argue that the healthcare team had any direct obligation to provide a certain standard of care during delivery.
The Applicable Standard of Care
Once a healthcare relationship is established, you must define the standard of care that applies to the situation. In Pennsylvania, the standard of care is a legal term that denotes the interventions a similarly trained practitioner would have conducted in a similar situation. This is where expert medical witnesses become invaluable.
Your Harrisburg medical malpractice lawyer has networks of medical experts to help clarify any deviations from the expected practice. Factors such as the mother’s medical history, the baby’s position, and any potential complications should be considered to accurately define the standard of care.
How Breach of Duty Affects Birth Injury Cases
For a successful malpractice claim, parents need to demonstrate that the medical professional’s actions or lack thereof were the direct cause of the injury. This involves showing that the birth injury would not have happened if the healthcare provider had acted responsibly.
For example, failing to address signs of fetal distress could be seen as a breach of duty that led to preventable birth injuries. Again, your attorney may have to tap into experts’ knowledge to help establish this connection and explain precisely how the provider’s breach of duty led to the specific birth injury.
When the Injury Leads to Damages
In addition to proving that the medical professional’s negligence caused the injury, parents must demonstrate that this injury has led to measurable damage. These can include:
- Medical bills
- Assistive devices needed to manage injuries
- Ongoing therapy costs
- Pain and suffering
- Long-term disabilities
- Wrongful death benefits
A medical negligence attorney can help parents calculate and document these damages to help build a claim that seeks fair compensation.
Our Lawyers Help Prove Medical Malpractice, Birth Injury Negligence
Parents may find proving birth injury cases in Harrisburg complicated and overwhelming, especially when practitioners imply that birth injuries are unavoidable and none of their fault. Fortunately, a medical malpractice lawyer in Harrisburg can examine the unique facts around your case to validate negligence claims. If you believe that your child’s birth injury could have been avoided with appropriate medical care, immediately reach out to Marzella & Associates to explore your options. Book a free case evaluation today to explore your options and secure resources for addressing birth injuries.