Birth injuries can be life-changing for families, often resulting in long-term medical care and emotional distress. When these injuries are caused by medical negligence, it is essential to understand the steps required to prove liability and secure compensation for the affected child and family.

Elements of Medical Negligence

To establish negligence in a birth injury case, four key elements must be proven:

Duty of Care
Healthcare providers owe a duty of care to patients, including mothers and their newborns, to act in a manner consistent with medical standards.

Breach of Duty
A breach occurs when a medical professional fails to meet the standard of care. Examples include improper use of delivery tools, failure to monitor fetal distress, or delayed response to complications.

Causation
It must be shown that the breach of duty directly caused the birth injury. Expert testimony is often necessary to demonstrate this connection.

Damages
Families must provide evidence of the harm caused, such as medical bills, therapy costs, and the child’s diminished quality of life.

Steps to Prove Negligence

Obtain Medical Records
Medical records are a critical piece of evidence in birth injury cases. These documents help establish a timeline and identify potential errors or lapses in care.

Consult Medical Experts
Expert witnesses review the case to determine whether the standard of care was violated. Their testimony is vital for explaining complex medical

concepts to the court.

Document the Damages
Families must compile detailed records of medical expenses, therapy costs, and other financial and emotional impacts related to the injury.

File a Timely Lawsuit
Pennsylvania has a statute of limitations for medical malpractice claims. It is essential to file within the required timeframe to preserve the right to seek compensation.

Common Examples of Negligence in Birth Injury Cases

Failure to monitor fetal distress signals.

Improper use of forceps or vacuum extractors during delivery.

Delayed decision-making in performing a necessary C-section.

Inadequate prenatal care or failure to identify high-risk conditions.

Why Legal Representation Matters

Proving medical negligence in birth injury cases is a complex process requiring legal expertise. Attorneys experienced in medical malpractice can:

Gather and analyze evidence to build a strong case.

Work with medical experts to establish liability.

Advocate for maximum compensation to cover medical expenses, therapy, and long-term care needs.

If your family has been affected by a birth injury caused by medical negligence, Frischman & Rizza in Pittsburgh can help. Their compassionate attorneys are dedicated to securing justice and fair compensation for families. Contact them today for a consultation and take the first step toward holding negligent parties accountable.