We turn to the medical profession to regain our health and well-being, and if we’re injured in the process, it can be especially challenging. If your child, however, suffers a serious injury, such as a spinal cord injury, during the birth process, the results are life-altering. If you believe your child’s spinal cord injury was caused by medical malpractice, it’s time to consult with an experienced Harrisburg, Pennsylvania, birth injury attorney.
The Elements of Medical Malpractice in Pennsylvania
While not every spinal cord injury at birth is caused by negligence on the part of a medical provider or facility, such injuries certainly can be, and the elements that make them medical malpractice include the following:
- The medical provider or facility acted in a manner that other reasonable providers or facilities wouldn’t have under similar circumstances – or failed to act in a manner that other reasonable providers would have.
- The medical provider’s negligence was the direct cause of your child’s injury.
- You suffered legal damages as a result, such as medical expenses, lost income related to caring for your injured child, and the physical and emotional pain and suffering you and your child endured.
Medical malpractice cases – including those based on birth injuries – hinge on the failure of medical professionals and facilities to observe all industry standards and protocols.
It’s also important to note that there is a two-year statute of limitations for medical malpractice cases in Pennsylvania. This means that you have only two years from the date the injury was sustained – or from the date you reasonably should have discovered the injury – to file a lawsuit against the at-fault medical professional or facility.
Spinal Cord Injuries Sustained at Birth
During the birthing process, an infant’s spinal cord can be injured by bruising or tearing, which can be partial or complete. When birth trauma leads to spinal cord injuries, the areas near the neck and upper to mid back are the sections of the spinal cord that are most likely to be affected.
Common Causes of Spinal Cord Injuries at Birth
Any one of the following can cause or contribute to a spinal cord injury that’s suffered at birth:
- Abnormal fetal presentation, such as breech births
- Attempts by the delivery doctor to rotate the baby into position for a vaginal birth
- Excess traction on the spinal cord during delivery
- Prolonged labor and delivery – especially when caused by deep transverse arrest of descent
- Labor that moves too quickly
- Vacuum extraction or the use of mid-cavity forceps
- Very premature birth or very low birth weight
Sometimes, a C-section is necessary to prevent a spinal cord injury during the birth process, and delivery doctors who fail to timely address this clear concern can face medical malpractice charges.