Who is Liable for Birth Injuries in Pennsylvania?

close up of baby holding parent's finger
July 29, 2020

Preparing to have a baby is one of the most exciting experiences a person can have in their life. Parents generally spend the duration of the pregnancy making sure they do everything they can to have a healthy baby. While this is true, even the most prepared parents can experience circumstances that are out of their control when it is time for the baby’s birth. This may be the case if the doctor delivering the baby acts negligently. When a doctor does not do their job to the best of their ability, it can lead to birth injuries. This is considered medical malpractice, which is why parents can pursue legal action as a result. Continue reading below to learn more.

What Injuries Can Be Caused?

If a doctor acts negligently during the birth of a baby, they can cause severe birth injuries. When this happens, it can affect a newborn for the rest of their life. This is because it can lead to certain deformities, such as the following injuries:

  • Erb’s palsy
  • Cerebral palsy
  • Facial paralysis
  • Spinal cord injuries

Actions that may cause brain damage to a baby may be the misuse of a vacuum extractor or forceps. In addition to this, brachial plexus injuries can occur as a result of excessive force when using a shoulder dystocia.

How Do I Hold a Doctor Responsible?

All medical professionals are legally responsible to act in the best interest of their patients and to the best of their ability. This requires them to provide the proper standard of care that is expected of them to patients. The failure to do so can cause patients to suffer significantly as a result. When this happens, the doctor can be held liable. In the event of birth injuries, parents often pursue legal action on behalf of their newborn. This is possible by filing a personal injury claim.

During this time, the parents of the injured party are required to prove the doctor deviated from the proper standard of care, thus directly causing the newborn’s injuries. If they are found guilty, the parents may be able to recover compensation for the damages caused by the injuries as well as aid for the baby’s future.

Contact our Firm

If you or a loved one has been in a personal injury accident in Pennsylvania, it’s important that you contact an experienced Philadelphia personal injury attorney to help you with your case. Contact Spear Greenfield to get the right attorney in your corner.