Frequently Asked Questions about Birth Injuries
Provided by the Philadelphia Birth Injury Law Firm of Messa & Associates, serving clients through Philadelphia, Pennsylvania and New Jersey
Many clients come to us to answer questions about an injury that their child suffered during birth and to seek legal advice. We have included some of the most frequently asked questions about birth injuries and birth trauma.
Q: How can I tell the difference between a
birth defect and a birth injury?
Birth defects, like Cystic Fibrosis, are usually a result
of a genetic disorder or events that occurred during the term of the
pregnancy. Birth injuries, like Shoulder Dystocia, are generally caused
by procedures or events, which went wrong during the time of the child’s
delivery.
Q: What kinds of situations would justify
a lawsuit for a birth injury or defect?
Each birth injury lawsuit is unique and the situation can best be
assessed with a free consultation from our trained birth injury attorneys.
However there are some common traits that often justify a lawsuit
to be filed. For example, a physician could provide an incorrect assessment
of complications during a delivery; or a health care provider could
have failed to respond to problems during the pregnancy. Another example
would be if you receive prescription drugs by your health care provider
which harmed the fetus or caused a miscarriage.
Q: Will my lawsuit result in compensation
for my baby’s damages from a birth defect (or injury)?
There is no guarantee that your case can receive reparation
for harm you or your child has endured. Unfortunately some birth defects
(or injuries) are unavoidable. Our attorneys can help assess if you
can seek reparation for damages. We can help determine a key question:
did the medical providers fail to supply adequate medical care or
advice during the term of pregnancy and time of delivery?
Q: What does medical malpractice mean?
Medical malpractice is harm caused to a patient as a result of a professional
health care provider--such as a doctor, nurse, technician, hospital
or hospital worker--that conducted a service or duty below the standard
of practice of those in their area of practice with similar training
and experience. Each profession sets the standard for malpractice
by agreed upon customs and practices.
Q: What should the patient prove in order
to succeed in a medical malpractice suit?
To establish medical negligence, an injured patient, the plaintiff,
must prove:
- That there existed a duty owed by the health care professional
to the patient;
- That there is an applicable standard of care, and the health
care professional's deviation from that standard is deemed a breach
of the duty owed to the patient;
- That there is a causal relationship between the deviation from
the standard of care and the patient's injury; and
- That there is injury to the patient.
The injured person has to prove that the physician’s conduct
fell below a generally accepted standard and to establish the standard
to be applied, a plaintiff must present the testimony of another
medical expert, indicating the standard required and establishing
that the physician has failed to meet this standard. A Philadelphia birth injury attorney can explain the specific needs for your particular situation.
Q: How common are birth injuries in the
United States?
It is estimated that for every 1000 babies born in the United States
approximately five will be injured during birth.
Q: For birth injury (and defect) lawsuits,
how do juries determine if a health care professional’s actions
complied with the standards of good medical practice?
It is important that each case include as many accurate details,
hospital records, and expert witnesses to present a sound case for
the jury to review and assess the possibility of medical malpractice.
The jury will strongly consider expert testimonials from health
care professional’s peers – such as doctors, or nurses—to
determine if someone like your physician followed proper actions
that adhered to the standard medical practice, or if they fell below
the accepted level of care.
Q: How common are birth defects in the United
States?
Based on the Centers for Disease Control and Prevention website,
statistics show that one in every 33 babies born in the United States
is affected by a birth defect.
Q: What is Cerebral Palsy?
Cerebral palsy is considered an an all inclusive term that describes
several chronic conditions which affect body movement and muscle
coordination. "Cerebral" refers to the brain and "palsy"
to muscle weakness poor control. The brain is unable to control
movement and posture because of the impaired development or damage
caused to the motor areas in the brain. Damage to one or more parts
of the brain controlling movement usually occurs during fetal development;
before, during, or shortly after the infants’ birth; or during
infancy. We have a Philadelphia Cerebral Palsy attorney available to answer any questions that you may have.
If your loved one was injured as a result of a birth injury and you need legal advice, contact a Philadelphia birth injury lawyer at our law firm today for a free consultation.
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