A child’s birth should be a time of great joy. Unfortunately, that is not always the case, especially if your child sustained an intellectual or physical disability before, during, or after birth. If your child developed a lifelong disability caused by a physician’s failure to adhere to appropriate protocol, you may be entitled to compensation. In this blog, our Harrisburg birth injury lawyers discuss determining if you have a valid malpractice case.
Negligence and Medical Malpractice
Negligence occurs anytime a person acts with less care than a reasonable person in the same or similar situation, causing harm to another. However, physicians and other healthcare providers are held to a higher standard than laypersons. A healthcare professional will be considered negligent if they fail to exercise the standard of care expected in their specialty.
If a physician in the same specialty had acted differently in the same or similar circumstances, the treating physician would be considered negligent if you experienced harm as a direct result.
Four Ds of Medical Malpractice
Medical negligence can be broken down into the four Ds:
- Duty: A healthcare professional must provide reasonable and diligent patient care.
- Dereliction: Either through an act or omission, the treating provider deviated from the expected standard of care that another physician in the same field would have exercised under the same or similar circumstances.
- Damages: As a result of the physician’s or other healthcare professional’s actions, you must have suffered measurable losses, including medical costs, emotional and psychological trauma, and lost income to care for your child.
- Direct cause: Your child must have suffered harm due to the treatment provider’s actions.
Proving a Healthcare Provider’s Negligence
If your child has developed a lifelong disability because of a birth injury, the treating physician and hospital may be named as parties to the lawsuit. Although the physician may claim that the disability was a foreseen complication of a preexisting condition, our legal team will present the necessary evidence to disprove this attempt to mitigate liability. Evidence to establish that a physician made a mistake during labor or delivery will often include medical imaging, EFM (electronic fetal monitoring) strips, and witness testimony.
At Marzella & Associates, our Harrisburg birth injury lawyers work with medical professionals, including obstetrician-gynecologists and neonatologists, to evaluate the facts of a case to determine when and how a physician faltered from the expected standard of care.
Pennsylvania Rules of Evidence Rule 702 allows an individual to serve as an expert witness if they have specialized knowledge to help a judge or jury understand the evidence to establish liability. Our network of expert witnesses is highly regarded in their fields and has experience articulating their scientific opinions in a courtroom. When hiring our legal team, you can rest assured that ample resources are being used to safeguard your child’s interests.
Child Injured During Birth? Contact Our Harrisburg Birth Injury Attorneys Today
If your child experienced a birth injury due to a hospital error or a physician’s poor judgment, the legal team at Marzella & Associates would like to hear from you. Our Harrisburg birth injury lawyers have assisted thousands of families in recovering compensation for injuries during labor or delivery. If you want to learn more, contact us online or call today to arrange your free consultation.