Pittsburgh Lawyers for Lack of Oxygen to Baby’s Brain
Compassionate Medical Malpractice Team Assists Families In Western Pennsylvania And Beyond
Some may argue that there is no greater joy than bringing a child into the world. Unfortunately, for some parents, that joy is overshadowed by negligence on the part of a doctor, hospital, medical facility, or health care professional, resulting in injury to the child, the mother, or both.
At Berger & Lagnese, LLC, our compassionate legal team is dedicated to assisting families in Pittsburgh and across western Pennsylvania as they face the legal challenges of holding those responsible parties accountable for their negligent actions.
Knowledgeable Western Pennsylvania Medical Malpractice Attorneys Explain Your Rights Under The Law
You may be familiar with the term “medical malpractice”, which occurs when a doctor, hospital, or other health care professional causes an injury to a patient through negligence. The negligent act may be in the form of an omission, an error in diagnosis, mistreatment, inadequate health management, or poor patient care after discharge.
Under the law, claims of medical malpractice must have the following elements in order to be considered valid:
- A violation of the standard of care
- An injury was caused by the negligence
- The injury resulted in significant damages
If you believe your child’s injury could have been prevented by better medical care, and you wonder if you have the basis for a medical malpractice lawsuit, schedule a free case evaluation with a medical malpractice attorney at Berger & Lagnese, LLC.
Pittsburgh Law Firm Skilled In Handling Birth-Related Medical Malpractice Cases Including Lack Of Oxygen To Baby’s Brain
Birth-related medical malpractice refers to a situation where a doctor, hospital, or other health care professional behaves negligently by failing to demonstrate reasonable care, and that negligence causes one of the following:
- An injury to the mother during pregnancy
- An injury to the child during delivery
- A wrongful pregnancy, during which the parents’ attempts to avoid a pregnancy or end a pregnancy fails
- A wrongful birth, during which the parents would have avoided or ended the pregnancy if they were aware of the birth defects
Each of these outcomes has its own rules regarding who can file a lawsuit and what kinds of damages may be recovered. If you believe you have the basis for a birth-related medical malpractice lawsuit, it is best to consult with a medical malpractice attorney who has demonstrated experience and knowledge handling these types of claims.
Pittsburgh Medical Malpractice Lawyers Hold Those Accountable When The Lack Of Oxygen To A Baby’s Brain Could Have Been Prevented
Sometimes, in life, things just happen and there isn’t a reason that satisfies our quest to understand why. Lack of oxygen to a baby’s brain, also known as asphyxia, can result in long-term effects for the baby and family.
Some of the more common causes of lack of oxygen at birth include the following:
- Problems with the placenta
- Shoulder dystocia
- Trauma to the infant in utero
- Prolapsed umbilical cord
- Preeclampsia and eclampsia
- Excessively medicating the mother
In some cases, oxygen deprivation may be out of the control of the healthcare providers.
In other cases, the failure on the part of healthcare professionals — including obstetricians, midwives, and labor and delivery staff — to promptly recognize problems and immediately provide solutions results in damage to the infant.
Pittsburgh Parents May File A Birth-Related Medical Malpractice Lawsuit To Recover Damages
If your infant was injured due to a lack of oxygen to the brain, you may bring a medical malpractice lawsuit against the medical professional, doctor, or hospital that caused this birth-related injury due to their negligent actions. On behalf of the child, you may seek general damages, such as those for:
- Doctor bills
- Lost income
- Loss of earning capacity
- Cost of future medical expenses as a result of the medical negligence
- Mental suffering
- Emotional anguish
- Physical pain
- Physical suffering
- Loss of enjoyment of life
How Much Time Do I Have To File A Medical Malpractice Lawsuit In Pennsylvania?
Legal deadlines for filing claims in the civil courts are known as “statutes of limitations”. These legal time limits vary from state to state, and there are different deadlines based on the nature of the underlying claim.
In Pennsylvania, the statute of limitations for medical malpractice claims is two years from the date on which the medical malpractice was committed. It is important to note, however, that this two-year timeframe will kick in from the point in time in which the plaintiff became aware — or should have become aware in the eyes of the law — that they sustained an injury that was caused by the defendant’s malpractice.
Pennsylvania law regarding medical malpractice also specifies that the lawsuit may not be filed more than seven years from the time the medical malpractice was committed, regardless of whether the injured party was aware or should have been aware that they suffered injury due to the doctor or hospital’s negligent actions. The exception to this seven-year time limit applies to medical malpractice cases when a foreign object was left inside the patient.
If your child has suffered a birth-related injury and you are concerned that you may not be able to meet the statute of limitations for filing, it is best to consult with an experienced medical malpractice attorney. In most cases, if the injured party fails to file a claim before the two-year window closes, the court will most likely dismiss the case. If that should happen, you will have lost your opportunity to recover any damages from the birth-related injury.
Experienced Attorneys Help Pittsburgh Parents When Medical Malpractice Harms Their Infant
In situations where a physician or hospital’s medical malpractice harms an infant, the experienced attorneys at Berger & Lagnese, LLC in Pittsburgh, PA, work tirelessly with parents to hold the at-fault parties accountable for their negligence. Our dedicated team advocates for those who have been injured due to medical malpractice, including fighting for parents whose babies have sustained life-changing injuries due to medical negligence during labor or delivery. Schedule a free confidential case evaluation with one of our experienced medical malpractice attorneys to discuss your case. Our compassionate legal team will review your case, explain the process, and answer your questions.