Can Nurses Be Sued for Birth Injuries
Birth injuries can be devastating for both newborns and parents, especially when they are caused by preventable medical mistakes. While many people assume only doctors can be held responsible for medical negligence, nurses may also be liable. Nurses play a critical role in monitoring both parent and baby during labor, administering medications, and communicating changes in patient condition. When they fail to meet accepted standards of care, the consequences can be severe.
If you suspect you’ve been a victim of malpractice, the first step is to reach out to our Harrisburg medical malpractice attorneys to understand your rights.
When Can Nurses Be Held Liable for Birth Injuries?
Nurses can be held responsible for birth injuries when their conduct falls below the professional standard of care and directly contributes to harm. Examples may include failing to notify a physician about fetal distress, improperly administering labor-inducing medication, or ignoring critical warning signs during delivery. To succeed in a medical malpractice claim, your legal team must generally prove:
- The nurse owed a duty of care to the patient
- The nurse breached that duty by acting negligently
- The breach directly caused the birth injury
- The injury resulted in measurable damages, such as medical costs, disability, or emotional trauma
Evidence and Steps to Take After Noticing a Birth Injury
Taking prompt action after a birth injury can help protect your child’s health and preserve important evidence. While every situation is unique, families should consider:
- Seek immediate medical evaluation to understand the extent of the injury.
- Preserve all medical records.
- Keep a journal detailing your child’s symptoms, diagnoses, medical appointments, treatments, and how the injury affects daily life. Photographs of visible injuries may help establish the progression and impact of the condition.
- Save bills, receipts, insurance statements, therapy costs, travel expenses for medical care, and other records related to the injury to help calculate damages.
- Make note of the names of anyone who witnessed the negligent acts.
- Consult an experienced attorney to help you navigate the next steps in your case.
Pennsylvania Deadline for Filing a Birth Injury Claim
Under 42 Pa.C.S. § 5524, most medical malpractice claims in Pennsylvania must be filed within two years of the date of injury or when the injury was reasonably discovered. In birth injury cases, this timeline can become more complex depending on when the harm was identified and whether the child’s condition was immediately apparent.
Families often face overwhelming financial and emotional burdens after a birth injury. Ongoing medical treatment, therapy, specialized care, and long-term support needs can create significant costs. Filing a claim can help recover compensation for both current and future expenses tied to the injury.
Take the Next Step with Medical Malpractice Lawyers in Harrisburg
Nurses can be held accountable when negligence contributes to serious birth injuries, and families deserve justice when preventable mistakes cause lifelong harm. Our team is ready to help you understand your rights and options. Contact a trusted medical malpractice lawyer in Harrisburg today online or by calling 717-928-8424 to schedule a consultation.