Pittsburgh Shoulder Dystocia Lawyers
Experienced Medical Malpractice Attorneys Assist Families In Pittsburgh And Across Western Pennsylvania To Recover Damages For Shoulder Dystocia Birth-Related Injuries
As any soon-to-be parent is well aware, there are many unknowns in childbirth and labor. How long the pregnancy lasted, how long the labor lasts, the position of the baby, and other factors all come into play in the delivery room. For those families that experience birth-related injuries, confusion and a rollercoaster of emotions may become intertwined in the moments that follow a child’s birth.
When suspected negligence is present with regard to a baby’s birth-related injuries, the aftermath of the child’s birth can be particularly emotional and overwhelming. We understand. The role of the medical malpractice attorneys at Berger & Lagnese, LLC is to alleviate you of the burden of navigating the medical malpractice claims process. Our experienced medical malpractice attorneys advocate for families in Pittsburgh and across western Pennsylvania to successfully recover damages for shoulder dystocia birth-related injuries, holding the at-fault parties accountable for their negligence.
Pennsylvania Medical Malpractice Laws Protect Those Who Have Been Harmed Due To Medical Negligence
Those who have been harmed by medical negligence are protected under personal injury law. Injured parties may file a claim for medical malpractice, which is a form of professional negligence exhibited by physicians, nurses, medical workers, hospitals, health care facilities, or other healthcare professionals. Negligence must be proven to file a claim of medical malpractice. Negligence may be exhibited in several ways including by an omission in care, an error in diagnosis, a failure to properly treat a patient, poor health management, or improperly caring for a patient after discharge.
In a filing a medical malpractice claim to hold the at-fault party responsible for the harm that was inflicted, the claim must satisfy several legal requirements including the following:
- Violating standard care of the patient
- The injury was caused by a negligence
- The injury resulted in significant damages
What Damages Can I Receive For A Shoulder Dystocia Birth-Related Injury In Pennsylvania?
Shoulder dystocia is a birth-related injury that occurs during delivery when one or both of the infant’s shoulders become stuck inside the mother’s pelvis. This complication is most frequently the result of the baby’s size being too large for the mother’s birth canal. Other causes of shoulder dystocia include when the baby is born face-first and pulled through the birth canal by the face, which causes undue stress on the neck or when the infant is born feet first, which causes undue stress on the neck and shoulder area. When a physician attempts to pull the baby completely out of the birth canal when shoulder dystocia is present, injuries may result such as facial injuries, brachial plexus palsy, or broken bones.
In the majority of shoulder dystocia cases, the baby is born safely. However, shoulder dystocia can cause problems for both the infant as well as the mother. If your child suffered shoulder dystocia that you believe was caused by negligence on the part of a doctor, nurse, midwife, hospital, healthcare facility or another healthcare provider, you may file a claim of medical malpractice against the at-fault party.
In filing a medical malpractice claim, the injured party (plaintiff) may seek to recover damages for their losses, including any of the following:
- Emotional pain and suffering
- Mental trauma
- Physical pain
- Physical suffering
- The loss of one’s enjoyment in life
- Medical bills
- Lost income due to time away from work
- Lost earning capacity
- Cost of future related medical expenses
For those losses that are immeasurable, the Pennsylvania courts will consider all the elements of your medical malpractice claim and assign a monetary value for your losses that they determine is appropriate in the given situation.
The Pittsburgh medical malpractice attorneys at Berger & Lagnese, LLC fight aggressively on behalf of injured victims to recover the maximum compensation for the injuries they sustained due to medical negligence.
Important Pennsylvania Legal Deadlines For Filing Medical Malpractice Claims For Shoulder Dystocia And Other Birth-Related Injuries
Every state has legal deadlines for filing civil claims in a state’s court system, known as statutes of limitations. These laws vary from state to state, and they differ based on the type of claim that is being filed. In the state of Pennsylvania, the statute of limitations for medical malpractice claims, such as a claim for shoulder dystocia, is two years from the time the injury occurred. It is important to note that, if the plaintiff was initially unaware that negligence on the part of a physician, healthcare worker, nurse, hospital, or healthcare facility caused the injury, then the two-year legal deadline for filing starts at the point in which they became aware (or should have become aware of this in the eyes of the law).
In Pennsylvania, a medical malpractice claim may not be filed more than seven years from when the incident occurred or from the point in time when the plaintiff was made aware — or should have been made aware — that the harm was inflicted. One exception to Pennsylvania’s seven-year legal time limit for medical malpractice claims applies to cases where a foreign object was left inside of a patient.
Families who are considering filing a medical malpractice claim for shoulder dystocia and are concerned that they may be unable to meet Pennsylvania’s statute of limitations for filing should consult with an experienced medical malpractice attorney.
Pittsburgh Shoulder Dystocia Lawyers File Medical Malpractice Claims To Recover Compensation For Pennsylvania Families
At Berger & Lagnese, LLP, our experienced attorneys — Joshua Berger, Paul Lagnese, and David M. Paul — have each been practicing law for nearly 30 years. Our dedicated team is committed to fighting on behalf of injured victims who have been harmed due to medical negligence. We offer a free confidential case evaluation with a member of our team, who will assess the merits of your medical malpractice claim, explain your rights under the law, review the claims process, and answer your questions.
Schedule an appointment with Berger & Lagnese, LLP today so that you can make the most informed decision regarding your baby’s shoulder dystocia birth injury.