Birth-injury claim: Elements of caregiver's malpractice

Anxious soon-to-be parents dream of the day their little bundle of joy will enter the world. Most often the parents are focused on how to be the best parents they can be. The last thing on their mind is assessing and double-checking the medical care provided by their doctor and medical professionals. Sadly, mistakes can be made by these professionals that can lead the child to be put at risk. Delivery mistakes can happen and can have adverse affects for the child.

Delivery mistakes can happen if the baby is delivered in an awkward position that puts unnecessary strain on the child. Sometimes this can be avoided by the practicing physician by trying another birth method such as a caesarian section. This strain can cause everything from shoulder dystocia to cerebral palsy, which can adversely affect the baby's life from the moment they enter the world. If you believe this incident could have been avoided with proper medical care, there are three things that need to coincide in order to show negligence on part of the physician.

First, it must be proven that the medical professional must have owed a legal duty of care to the child. Then, the defendant must have breached that legal duty or standard of care by acting or failing to act in a manner in which a reasonably competent individual would have under the circumstances. This means that the medical professional did not act as a reasonable doctor would have in the same circumstance. Last, that breach of duty caused harm to the baby.

They say a baby is born every three seconds. Most come into the world healthy, kicking and screaming. For the small percentage who are at an immediate disadvantage, life is certainly harder for them than for babies not afflicted with a birth injury from a delivery mistake. There are ways for a baby's birth injuries to be rectified under Pennsylvania law.

Source: FindLaw, "Birth Injury Overview," Accessed Sept. 28, 2015

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