Pittsburgh Delivery Room Injury Lawyer For Obstetrician Malpractice Victims

While the birth of a child is often one of the happiest times for a family, it can quickly turn into one of the most devastating. If children are affected by serious birth injuries, their lives can be changed forever.

If you live in the Pittsburgh area and your child suffers from a birth injury, contact the attorneys of Caroselli, Beachler & Coleman, L.L.C. We understand how extensively birth injuries affect children and their families.

We represent families affected by a broad spectrum of birth injuries, including those listed below:

Birth Injury And Erb’s Palsy

Among brachial plexus birth injuries, Erb’s palsy occurs specifically when one or all of the primary nerves are damaged. These nerves are the ones that affect the shoulders and arms (upper plexus). Paralysis and nerve damage can be either partial or complete.

Our lawyers will work with skilled medical experts to determine how and why your child’s Erb’s palsy was caused. If medical negligence was a contributing factor, we will aggressively seek maximum compensation on yours and your child’s behalf.

Shoulder Dystocia

Shoulder dystocia occurs when the baby’s head passes safely through the birth canal, but the shoulders are stuck or lodged behind the pelvic bone. Resulting side effects can be broken bones, delayed delivery, or a more serious shoulder damage caused by compression to the nerves.

Cerebral Palsy

Cerebral palsy is a lack of development in the brain that results in decreased muscle control and coordination. It can be caused by a variety of factors ranging from gene abnormalities to a lack of oxygen brought on by a difficult delivery.

Sadly, physician negligence can be a contributing factor. Babies often show a sign of fetal distress due to a lack of oxygen when delivery is delayed. When a midwife or obstetrician fails to appropriately respond to this distress, the effect can be damaging.

Hypoxia Lawyer For Oxygen Deprivation And Obstetrician Malpractice Victims

Oxygen deprivation (often described by the medical terms “anoxia” and “hypoxia”) is caused when the supply of oxygen to an infant’s brain is reduced. It can happen in all stages of pregnancy, labor and delivery. The effects of oxygen deprivation are severe, most prominently causing brain damage, cerebral palsy and death.

While natural circumstances, like the umbilical cord becoming compressed or twisted, can cause oxygen deprivation, medical malpractice or negligence may also be the cause. There are many ways that medical negligence can cause oxygen deprivation:

• Failure to use proper monitoring equipment
• Failure to consistently monitor the fetus and infant
• Failure to seek the help of a specialist when needed
• Failure to do a cesarean section (C-section) when needed

Are Cesarean Section Delays Considered A Form Of Medical Negligence In Pennsylvania?

A cesarean section, often called a C-section, is a surgical procedure used to deliver a baby through incisions in the mother’s abdomen and uterus. While many C-sections are planned in advance, others become necessary during labor because of unexpected complications. When medical providers fail to perform a necessary C-section within a reasonable amount of time, serious injuries can occur. In some situations, an unnecessary delay may be considered medical negligence under Pennsylvania law.

Not every delayed C-section automatically means a healthcare provider acted negligently. Doctors and nurses must make medical decisions based on the mother’s condition, the baby’s health, and other clinical factors. However, if a provider ignores warning signs or fails to respond appropriately, the delay may have legal consequences.

When A C-Section Should Be Performed 

Healthcare providers closely monitor both the mother and baby throughout labor. Certain complications may require an immediate cesarean delivery to reduce the risk of harm. These situations often include fetal distress, prolonged labor, umbilical cord problems, placental complications, or failure of labor to progress.

Medical teams are expected to recognize these conditions quickly and take appropriate action. Hospitals usually have procedures in place for emergency C-sections because delays can significantly increase the risk of permanent injury. The appropriate timing depends on the medical circumstances, but prompt decision-making is an important part of quality patient care.

How Delays Can Cause Serious Injuries 

A delayed C-section may reduce the baby’s oxygen supply if complications interfere with normal blood flow during labor. Even a relatively short delay may increase the risk of brain injuries caused by oxygen deprivation. In severe cases, the child may develop lifelong conditions that require ongoing medical treatment and supportive care.

The mother may also suffer injuries when an emergency cesarean delivery is postponed. Excessive bleeding, infection, uterine rupture, or other serious complications may occur if medical providers fail to respond promptly. Quick intervention is often necessary to protect both patients during difficult deliveries.

When A Delay May Be Considered Medical Negligence 

Medical negligence generally occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care. In Pennsylvania, the standard of care is defined as the level of skill and care that a reasonably competent medical professional in the same field would provide under similar circumstances. In delayed C-section cases, the focus is often on whether another reasonably careful medical professional would have acted sooner under similar circumstances.

Examples of possible negligence may include failing to recognize abnormal fetal heart rate patterns, ignoring signs of fetal distress, delaying communication with the obstetrician, waiting too long to recommend surgery, or failing to prepare the operating room without unnecessary delay. Each case depends on its own facts, medical records, and expert medical opinions.

Simply experiencing a difficult birth does not automatically establish negligence. The injured patient must generally show that the delay directly contributed to the injuries suffered by the mother or child.

Evidence Used To Evaluate A Delayed C-Section Claim 

Medical records play an important role in determining whether negligence occurred. Labor and delivery records often document fetal heart monitoring, physician notes, nursing observations, medication administration, and the timing of important decisions. These records help establish exactly when complications appeared and how quickly providers responded.

Medical experts frequently review the records to determine whether the healthcare team followed accepted medical standards. Under 40 P.S. § 1303.512, an expert testifying on a medical matter must possess an unrestricted physician’s license and be engaged in or retired within the previous five years from active clinical practice or teaching. Their opinions are a crucial component of a medical negligence claim.

Other evidence may include hospital policies, witness testimony, imaging studies, and records documenting the child’s or mother’s injuries after delivery.

Pennsylvania Medical Negligence Claims 

Pennsylvania law generally requires individuals pursuing medical negligence claims to establish several elements: that a healthcare provider owed a duty of care, breached the applicable medical standard, and caused injuries that resulted in measurable damages.

Under 42 Pa.C.S. § 5524, the statute of limitations for a medical malpractice lawsuit in Pennsylvania is generally two years from the date the injury was discovered or reasonably should have been discovered.

Compensation in successful cases may include medical expenses, future treatment costs, rehabilitation, lost income, pain and suffering, and other losses recognized under Pennsylvania law. Cases involving permanent birth injuries may also consider the long-term care needs of the injured child.

Because medical negligence claims involve complex medical and legal issues, they often require careful investigation and review of extensive medical documentation before legal action is pursued.

Seeking Answers After A Delayed C-Section 

Families often have many questions after a difficult delivery involving an emergency cesarean section. Understanding whether the delay resulted from an unavoidable medical complication or from preventable negligence requires a careful review of the facts.

Every labor and delivery presents unique challenges, and not every poor outcome results from improper medical care. However, when healthcare providers fail to recognize emergencies or act within an appropriate timeframe, the consequences can be devastating. Reviewing medical records with qualified professionals can help families better understand what happened, whether the standard of care was met, and what legal options may be available under Pennsylvania law.

What To Do If You Suspect Medical Malpractice

If you suspect that your child’s birth injury may be due to medical malpractice, allow us to review your case as soon as possible — even if you aren’t sure whether or not negligence was involved. As time passes, eyewitness evidence and evidence outside of medical records may be lost — reducing your chances of obtaining justice. That kind of chance should never be taken with a child’s life.

We Act Quickly To Build A Strong Case

Birth injuries that limit a child physically, mentally or emotionally should be looked at quickly and carefully. At Caroselli, Beachler & Coleman, L.L.C., when a potential client comes to our office with questions about a birth injury, we act quickly.

We conduct an investigation into the facts and laws that may affect your medical malpractice case so that we can help you understand your options. This includes:

Looking at treatment from the beginning of the pregnancy through the delivery room

Investigating the conduct of your OB-GYN (obstetrician), nurse midwife or other health care professionals involved in the labor and delivery

Consulting medical experts, when appropriate, to determine if malpractice occurred

Contact Our Pittsburgh Delivery Room Injury Attorneys

Contact the birth injury lawyers at the Pittsburgh law office of Caroselli, Beachler & Coleman, L.L.C. You may call us at 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll free at 866-466-5789. Initial consultations are free and confidential.