When a Birth Injury Becomes Medical Malpractice?

Unfortunately, some babies are born with birth injuries that can’t be prevented. Sometimes, however, birth injuries are the result of professional negligence, and medical malpractice applies. Our experienced birth injury attorneys at Mette Attorneys at Law in Scranton have the empathy and the resources to help.

When Medical Malpractice Applies in Scranton

For medical malpractice to apply in a birth injury case, a medical professional must have failed to follow the accepted standard of care during the mother’s pregnancy, labor, or delivery. The medical standard of care in Pennsylvania involves implementing the same level of judgment, competence, and skill that one’s reasonably prudent medical peers would in a similar situation.

The term “medical peer” here refers to the medical provider’s specific field of practice. This means that a specialist in a specific field will be held to a higher standard than a general practitioner would be under the same circumstances.

If a medical professional did not meet the standard set by other medical professionals at the same level and your baby suffered a birth injury as a result, it may be medical malpractice. The sooner you reach out for skilled legal guidance, the stronger your claim will be.

The Procedural Requirement: Certificate of Merit

In Scranton, you must file a Certificate of Merit with the Clerk of Judicial Records, Civil Division at the Lackawanna County Government Center, soon after initiating a birth injury lawsuit. This means securing certification from a licensed medical professional in the same specialty. The certification must state that there is a reasonable probability that the birth injury was caused by the provider’s failure to uphold the professional standard of care.

The Statute of Limitations

The statute of limitations, or the time limit for filing a lawsuit, depends on who is filing.

The Parents

The parents can file a lawsuit that addresses their own losses, including expenses incurred and out-of-pocket costs. Because minors lack legal standing to file their own claims, their parents can file on their behalf.

Parents have only two years from the date the child was injured, or from the date that the parents knew about or reasonably should have known about the injury, to file. It’s generally recommended that parents file a claim for their child to help ensure that the immense healthcare needs associated with birth injuries are met.

The Child

If the parents didn’t bring a claim on behalf of the child, the child can bring their own claim once they reach 18. The statute of limitations is tolled for children, meaning the two-year limit begins on their 18th birthday and runs through their 20th.

Turn to Our Experienced Scranton Birth Injury Lawyers for the Help You Need

Our well-respected Scranton birth injury attorneys at Mette Attorneys at Law understand the tragic implications of these often-devastating cases, and we are committed to doing everything in our legal power to help you help your child. Contact us online or call 717-232-5000 today.