Who Can Be Held Liable for a Birth Injury Claim?

While not every birth injury can be prevented, some are the tragic result of medical malpractice. While this can mean the primary doctor is legally liable, it doesn’t necessarily. If a medical provider or facility’s failure to meet the professional standard of care set by the medical field is the direct cause of a birth injury, that party can be held responsible in the birth injury claim. Our experienced Harrisburg birth injury attorneys at Mette Attorneys at Law are on your side.

For Medical Malpractice to Apply in Harrisburg

For medical malpractice to apply to a birth injury case in Harrisburg, the medical provider or medical facility must have deviated from the professional medical standard.

The Professional Medical Standard

The professional medical standard refers to the level of care that other reasonably prudent medical professionals at the same practice level would have provided in a similar situation. If the doctor in question took some action that their professional peers wouldn’t have or failed to take some action that their professional peers would have, it may be medical malpractice. Medical facilities are also compared to other facilities that boast similar specialties and standing in the medical community.

Filing the Certificate of Merit

To bring a birth injury case in Harrisburg, you must obtain a Certificate of Merit from a medical professional with the same level of expertise as the medical professional named. The certificate relays that the medical provider who drafted it believes there is a reasonable probability that the named medical professional caused the birth injury as a matter of medical malpractice. You’ll file this certificate with the Dauphin County Prothonotary.

When a Medical Professional Is Liable

There are a variety of medical professionals who can potentially be held liable in birth injury cases, including:

• The obstetrician or OB-GYN can be held responsible for concerns like managing labor inappropriately, failing to order a timely C-section,  and using delivery assistance equipment incorrectly.
• The labor and delivery nurses may be found responsible for failing to recognize or report the signs of fetal distress, failing to communicate critical updates to the attending physician effectively, and administering medications improperly.
• Anesthesia can play a key role in labor and delivery, and the anesthesiologist can be held liable for errors related to the administration of epidurals, the administration of incorrect dosages or the wrong anesthesia, or failure to adequately monitor.

This list is not exhaustive and could go on.

When the Hospital or Medical Facility Is Liable

Hospitals and medical facilities can be held legally liable for damages caused by their employees’ negligence in the course of their work. These employees include staff nurses, surgical attendants, and in-house doctors. Medical facilities can also be found responsible for corporate negligence, such as allowing systemic problems, like chronic understaffing, to take hold or failing to supervise employees adequately.

Give Our Experienced Harrisburg Birth Injury Lawyers a Call Today

Our reputable Harrisburg birth injury attorneys at Mette Attorneys at Law are proud to champion the legal rights of children and their parents, and we welcome the chance to do the same for you. For more information, please contact us online or call our firm at 717-232-5000 today.