When Nurses Can Be Liable for Birth Injuries
Yes, nurses can be sued for birth injuries that happen as a direct result of their deviation from the professional standard of care required of them. Nurses owe a serious duty of care to their patients in the labor and delivery setting, and failure to fulfill this duty can lead to catastrophic consequences. Discuss your concerns with our experienced Harrisburg birth injury attorneys at Mette Attorneys at Law today.
When Nurses Are Liable for Birth Injuries
There are several primary examples of negligence on the part of labor and delivery nurses that can result in birth injuries.
Failure to Call the Obstetrician as Needed
Any delay in calling the obstetrician in response to a complication can lead to delayed care, with disastrous consequences. When nurses attempt to handle emerging concerns on their own for too long, the damage can be irreversible.
Failure to Effectively Monitor for Fetal Distress
Labor and delivery nurses assume the immense responsibility of continually monitoring babies’ vital signs and oxygen levels. Failure to register fetal distress can lead to delayed medical treatment, which can result in severe birth injuries.
Mismanagement of Labor Meds
Nurses are often responsible for administering labor medications, such as labor-inducing Pitocin, and incorrect dosages, as well as inadequate monitoring, can have damaging effects.
The Medical Facility’s Legal Responsibility in Harrisburg
Generally, the hospital or birthing center that employs the negligent nurse will be held financially responsible for any birth injuries they cause. In Pennsylvania, the legal doctrine of respondeat superior applies. This translates to responsibility for the acts of others. And employers, including hospitals and birthing centers, are usually deemed responsible for damages caused by their employees’ negligence in the course of their work.
Demonstrating that Medical Malpractice Applies
To file a birth injury case in Harrisburg, you will need to obtain a Certificate of Merit. In the written statement that accompanies this certificate, another nurse in the same specialty and at the same practice level will need to weigh in. If they find that there is a reasonable probability that the nurse’s professionally negligent actions caused the birth injury, you can proceed with your birth injury claim.
Time Is of the Essence
If you believe that a medical professional’s negligence caused your child’s birth injury, you’ll need to act quickly. You have only two years from the date your child was injured or from the date you discovered (or reasonably should have discovered) their birth injury to file a claim for your related expenses and for your child’s legal damages.
Make the Call to Our Experienced Harrisburg Birth Injury Lawyers Today
Our knowledgeable Harrisburg birth injury attorneys at Mette Attorneys at Law stand with parents whose children have been injured by medical malpractice, and we’re committed to faithfully supporting you throughout the legal process. Contact us online or call at 717-232-5000 today.