Pittsburgh Perinatal Asphyxia Lawyers
Experienced Western Pennsylvania Medical Malpractice Firm Holds At-Fault Medical Providers Accountable for Negligence
When you or a loved one has been harmed as a result of negligent medical care, you have the right to hold the at-fault medical providers accountable for their actions. Birth-related injuries such as perinatal asphyxia can be particularly traumatic and emotional. At Berger & Lagnese, LLC, we understand. Our medical malpractice firm is experienced in handling claims against healthcare providers for their negligent actions and is dedicated to advocating for injured victims.
Pittsburgh Families Who Were Harmed By Birth-Injury Related Negligence Are Protected Under Pennsylvania’s Medical Malpractice Laws
“Medical malpractice” refers to a form of professional negligence that occurs when a physician, nurse, hospital, healthcare facility, or other health care professional inflicts harm on a patient. Negligence may be demonstrated by an error in diagnosis, a failure to appropriately treat a patient, an omission in care, poor health management, or failing to properly care for a patient after they are discharged.
Injured patients may file a special type of personal injury claim — a claim of medical malpractice – that is brought against a doctor, nurse, EMT, hospital, or other health care professional. Medical malpractice only applies in situations where an individual is harmed in the course of receiving some form of medical care or treatment.
The injured party may file a medical malpractice claim to hold the health care provider responsible for the injury, providing the claim meets the legal requirements, which includes the following:
- The medical or health care provider had a duty to the patient
- This duty to the patient was violated
- The breach of duty resulted in a form of harm to the patient, which would not have occurred otherwise
- This harm caused the patient to suffer injury, and the patient may be compensated for that injury
Determining whether you have the basis for a medical malpractice claim can be difficult. Medical malpractice attorneys at Berger & Lagnese, LLC offer a free confidential case evaluation so that you can make the most informed decision regarding your situation.
Can I File A Medical Malpractice Claim For Perinatal Asphyxia in Pennsylvania?
Perinatal asphyxia — which is also known as neonatal asphyxia or birth asphyxia — refers to the condition when a newborn does not breathe normally just before birth, during childbirth, or after being born. An infant with perinatal asphyxia is often born quiet.
In some situations, the physician — in the course of monitoring the vital signs of the baby — may recognize a dangerous drop in the level of oxygen and perinatal asphyxia, and choose to deliver the baby through an emergency C-section. In other situations, a baby is born through the birth canal and is quiet with perinatal asphyxia. In both situations, the medical staff works to have the child breathe as quickly as possible.
With this particular birth-related injury, the timing of perinatal asphyxia is a critical component as to whether the infant has more serious birth injuries. If you believe that your medical practitioner did not act quickly or appropriately in addressing your child’s perinatal asphyxia, or behaved in an otherwise reckless or negligent manner, then you may have the grounds for a medical malpractice claim.
Every situation has its own circumstances and you may be unsure of whether filing a lawsuit is an appropriate action in your case. Schedule a free confidential case evaluation with a medical malpractice attorney at Berger & Lagnese, LLC to gain insight and understanding regarding the merits of your case.
As a lawyer who represents injured people when I need to retain local counsel, I want someone who is knowledgeable on the law of the state, has the respect of the local defense lawyers and of course the judges. I also want someone my clients will feel comfortable working with. When I have a case in Pittsburgh or Western Pennsylvania I know that Berger & Lagnese, LLC has all those attributes. Recently I had a very serious birth injury case in Altoona, PA and I co-counseled with Berger & Lagnese, LLC. Their knowledge of Pennsylvania law in general and their knowledge of the intricacies of Pennsylvania personal injury/medical malpractice laws specifically added real value to our clients’ complex, catastrophic birth injury case. Paul Lagnese and his firm played a vital role in helping us successfully resolve our clients’ case.
I would not hesitate to highly recommend the attorneys at Berger and Lagnese, LLC, especially Josh Berger and David Paul. My experience was mostly with Josh and he was very compassionate, encouraging, understanding, and thoughtful in dealing with my life’s loss and emptiness (as was David).
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I highly recommend Berger & Lagnese! The entire staff did a fantastic job!
Legal Deadlines For Filing A Medical Malpractice Lawsuit For Perinatal Asphyxia in Pennsylvania
If you are considering filing a medical malpractice lawsuit for perinatal asphyxia in Pennsylvania, it is important to take note of the state’s legal deadline for filing these types of claims. Every state has its own legal deadlines for filing civil claims. These deadlines are known as “statutes of limitations”, and they vary from one state to another.
In Pennsylvania, the statute of limitations for medical malpractice claims is two years from the date that the medical negligence took place. The legal clock starts ticking on this two-year timeframe from the time in which the injured party realized, or should have realized, that they suffered an injury that was the result of medical malpractice.
Claims of medical malpractice in Pennsylvania may not be filed more than seven years from when the medical malpractice took place — it does not matter whether the injured party was aware that they were injured or should have been aware that they were injured due to negligence on the part of the doctor or hospital. One exception to this seven-year restriction to medical malpractice cases is in situations where a foreign object was left inside a patient.
If your child suffered from perinatal asphyxia and you are contemplating filing a medical malpractice lawsuit but are unsure of whether you will be able to meet Pennsylvania’s statute of limitations for medical malpractice claims, it is in your best interests to consult with an experienced medical malpractice attorney. If you fail to meet the state’s filing deadlines, the defendant will ask the court to dismiss the case. If this happens, you will have lost your opportunity to recover any damages for your child’s perinatal asphyxia.
Pittsburgh Perinatal Asphyxia Lawyers Fight For Pennsylvania Families To Recover Damages In Medical Malpractice Lawsuits
Victims of medical malpractice are protected under the law, and may file claims against the negligent parties. Claims may be filed against doctors, hospitals, medical facilities, midwives, nurses, and other medical professionals involved in your care.
When filing a claim of medical malpractice, the injured party may seek to recover damages for their losses, including — but not limited to — any of the following:
- Medical expenses
- Cost of medical treatment
- Hospital bills
- Emotional trauma
- Mental suffering
- Physical suffering
- Physical pain
- Loss of one’s enjoyment in life
The experienced medical malpractice attorneys at Berger & Lagnese, LLC in Pittsburgh, PA are dedicated to fighting for those who have been harmed due to medical negligence. Don’t settle for less than you deserve. Schedule a free confidential case evaluation with one of our experienced medical malpractice attorneys to discuss your case.