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What is birth injury medical negligence?

Birth injury medical negligence is when a medical professional fails to provide the necessary level of care during childbirth. This then results in harm to the baby or the mother. The most common birth injury case is when a doctor or nurse fails to properly monitor the mother or the baby during labor or delivery.

In this article, we will take a closer look at the types of childbirth medical negligence and also provide you with the steps to take if you or your loved one has dealt with similar situations:

Examples of Medical Practitioners’ Negligence That Cause Birth Injury

The first example of medical malpractice during childbirth is when a doctor or nurse uses the wrong medicine or anesthetic during labor. The second one is when a doctor fails to respond to signs of fetal distress and fails to correctly diagnose any medical issues during childbirth or to properly take a closer look at them.

Another example is a failure to treat or detect preeclampsia, which may lead the mother to a seizure or even death during delivery. These and many other actions may cause injury due to failure to meet the standards that are set for treatment and care.

What Should I Do if I Have a Medical Negligence Claim?

If you or your loved ones find yourself in a situation whereby you need to make a claim, then the following are the requirements that you need to follow in order to win the medical malpractice lawsuit.

Most people who have won good medical malpractice cases had one good thing in their favor: an experienced medical malpractice attorney.

The next most important step is for the mother to prove the following things:

  • She has to prove that the medical practitioner performed the medical service
  • Has to prove that a duty to perform a medical service with the right skill and care was owed by the particular doctor.
  • The most critical thing she has to prove in the whole case is that the duty was breached by the fact that the doctor was not acting with reasonable skills.
  • One more thing she has to prove is that she and the child were injured due to the doctors’ or hospitals’ medical errors.

Medical errors are one of the most challenging things to prove in medical malpractice claims, but with the help of other medical professionals and Pittsburgh medical malpractice lawyers, it can be achieved.

What is the statute of limitations for Medical Malpractice?

The statute of limitations under Pennsylvania law for birth injuries due to medical malpractice is 2 years from the date that you realize that your child suffered an injury due to medical malpractice.

A medical claim can never be filed more than 7 years after the alleged negligence of medical treatment happened. If your child wants to file the claim on their own they have to be at least 20 years old.

How can I Calculate the Damages from my Hospital Negligence Case?

There is no formula to determine the exact damages that you have suffered as a result of hospital negligence. Each and every medical malpractice case is unique, as the same injury can affect two people in different ways. Your medical malpractice attorney should help you do these calculations during your consultations.

The general guidelines that most medical malpractice lawsuits use to calculate your damages usually separate damages into two categories.

The first category is economic damages, and the second is non-economic damages.

Economic Damages

Economic damages are calculated using assumptions and some accepted methodologies. Some examples of economic damages are as follows:

  • Medical expenses: Due to the injury, this includes all the money you lost trying to treat the birth injury.
  • lost wages: Includes all the money that the parent could not earn anymore due to the fact that they had to stay at home and take care of the baby.
  • Future earnings: This includes all the future earnings that the parent could have earned if they did not have to stay at home and take care of the baby who is injured due to a birth injury.
  • Medical bills: This includes all the money spent on medication and paying other doctors.
  • Medical care costs: This includes the money that was used to get the child some special help, such as therapy or a special private nurse.

Non-Economic Damages

On the other hand, non-economic damages are less precise as they involve elements such as:

  • Pain and suffering caused by the injury
  • loss of quality of life due to the injury

Why You Need A Lawyer To File A Medical Malpractice Claim In Pittsburgh

Pittsburgh medical malpractice attorneys will help you with your case in so many ways. They will help you with cryptic paperwork and gather evidence in order to prove your case.

Why You Should Choose Frischman & Rizza To Handle Your Claim

We have experienced Pittsburgh physician negligence lawyers. We also have over 32 years of experience serving and fighting for the people of Pennsylvania. We will take on your case at no upfront charge. No matter how difficult you think your case is, we will take it on.

Our mission is to devote our time and resources to helping our clients, which is why you will never see us on television or billboards. We understand that all our focus needs to be on you and not us. We take pride in obtaining a quick and fair financial recovery for our clients in a compassionate, committed, quiet, and competent manner.

We are devoted and caring individuals who will represent a case with more passion and knowledge than you may expect. Working with our firm is affordable; we offer free consultations and no hourly charges. Contact our Pittsburgh medical malpractice lawyer today about your medical malpractice case.

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