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Determining if a Birth Injury Was Due to Negligence

Posted on January 31, 2012

A birth injury can occur in a number of ways and from many different causes during the pregnancy, labor and delivery, and the newborn period. It can be caused by an in utero infection, the stress of labor, medication taken during the pregnancy, chemical or environmental exposure, and health complications experienced by the mother during pregnancy. While these causes do not always constitute medical malpractice, they do have the potential to interfere with the cell division of the embryo, the growth of the fetus and the oxygen and nutrition delivered to the brain of the fetus. Only a careful investigation can determine if child’s birth injury was preventable with good care.

During the birth process, the following injuries might occur:

Birth injury lawyers in Philadelphia

Birth injuries can occur with the best possible medical care and the employment of safe and appropriate medical practices but many are preventable with appropriate care. In order to determine whether a birth injury was unavoidable or was caused by medical malpractice, a birth injury attorney in Philadelphia should be contacted for a legal consultation.

A careful review does not end with obtaining the medical records to see what the healthcare providers’ documented - it begins there. The determination of whether there has been a failure on the part of the healthcare professionals to meet the minimum standards of care required by law usually requires a detailed analysis of the medical records and obtaining an independent opinion from an expert. Most birth injury lawyers in Philadelphia hire professional experts in the appropriate fields to investigate medical records and other pertinent information on the standard of care exercised in the case and any potential violation of the appropriate standard.

During gestation, the physiological relationship between mother and fetus is significant to the health of both parties. This relationship shifts during the birth process, and such things as the stress endured by the baby, the mechanisms employed by the infant to cope with stressors, the adjustment by the newborn to life outside of the womb, and the reactions of the infant to stressors and factors in its environment, come into play—and later become vital elements in the investigation of a birth injury.

If the investigation shows that the birth injury was preventable by healthcare professionals - or that the severity of the injury could have been reduced if healthcare providers intervened in a timely and appropriate manner - then medical malpractice was committed. At Duffy + Partners, our Philadelphia birth injury lawyers hire the top experts in the field to review the prenatal, delivery, and newborn medical care to determine whether your child’s birth injury was avoidable.

You need a birth injury lawyer in Philadelphia

Your Philadelphia birth injury attorney can help you determine whether a birth injury was unavoidable or was the result of medical negligence. At Duffy + Partners, we will provide you with an experienced birth injury lawyer to evaluate your case and to represent you in court.