The birth of a child should be a joyful time for the mother giving birth, her family, and everyone who loves her and her newborn baby. Sadly, though, not every birth goes as smoothly as it should, and while there are some situations where there’s simply nothing doctors can do to prevent complications, there are many situations where doctors absolutely could have done more to protect a mother and her infant from suffering preventable injuries.
If you or someone you love has been hurt by a doctor due to that doctor’s failure to provide proper care during childbirth, you may have grounds to file suit against them with help from an experienced medical malpractice attorney. Money alone can’t make up for the immense physical and mental trauma that a birth injury can cause, but hiring and working closely with a winning Quakertown birth injury lawyer can be key to getting paid fairly for those losses to the fullest extent possible under Pennsylvania law.
How Doctor Negligence Can Lead to Injuries During Childbirth
Modern medical science and techniques have made the process of childbirth much safer than it used to be, but that certainly does not mean childbirth can’t still be very dangerous if both mother and child receive substandard care from their doctors. From the moment a woman first learns that she’s pregnant to the moment she and her baby are discharged from a medical facility after birth, every medical professional involved in their care must meet the “standard of care” expected of a doctor with similar experience and skills.
Examples of behaviors which may count as a violation of this standard and may lead to a mother or child suffering preventable harm during childbirth include:
- Failure to account for pre-existing conditions and likely complications based on the mother’s physical health
- Failure to notice and address signs of fetal distress
- Improper use of tools like forceps or vacuum extractors
- Failure to quickly order and correctly perform a “C-section”—or otherwise induce birth after prolonged labor—when necessary
- Lack of sufficient post-birth care for the mother and child
During a confidential meeting, a Quakertown birth injury attorney can discuss whether a particular set of circumstances might justify a civil claim.
When Can You File Suit Over a Birth Injury?
Unfortunately, courts won’t just take your word for it that your child was hurt during childbirth and that their injury was directly and primarily the fault of a negligent doctor. Beyond just building a comprehensive and evidence-based case against the “defendant” doctor you’re suing, you’ll also need to have at least one qualified medical expert supporting your case with what’s known as a “certificate of merit.” This is something your birth injury lawyer in Quakertown can explain in more detail during an initial consultation.
You’ll also generally need to file suit within two years of discovering that your child’s birth injury was caused by medical misconduct, even if the effects of that injury will last for much longer than that. It’s worth noting, though, that children who suffer birth injuries can file suit on their own behalf for a two-year period after they turn 18 if no one else has sued over their injury before that.
Seek Help from a Quakertown Birth Injury Attorney
No child deserves to be harmed by an adult’s misconduct, and certainly not when they have just been born and are in the care of professionals who are supposed to know how to keep them healthy. If your family has been harmed in this way, you have limited time to take legal action against the people responsible.
That’s why it’s important to contact a Quakertown birth injury lawyer as soon as possible after learning your newborn child may have suffered an injury during childbirth. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your legal options.
