It’s an expectant parent’s worst nightmare. Something has happened that has injured or otherwise harmed your unborn child or to your child during childbirth. There can be a lot of confusion and stress surrounding these injuries. Oftentimes, birth injuries are not expected or anticipated and can happen very quickly, forever impacting your child’s life.
When it comes to the law, we know that it doesn’t always line up with what we expect. Why is that? Well most of U.S. law is based on the centuries old ‘common law’ principles. These principles may seem antiquated today but really they have been updated for our society and values. How has this shaped the face of medical malpractice law today?
Medical providers and medical staff strive to do their very best in every situation that involves a patient. Whether diagnosis, treatment, rehabilitation or something in between, there are a lot of moving parts and experiences that a person may have with medical care. Generally, things go according to plan when a patient comes in contact with medical care. For those who believe they were injured in a medical-related incident, how does one prove negligence and fault?
When you are expecting a little one, it changes everything. Whether this is your first child, or your second or third, each pregnancy is different and will require different things and will also present different challenges. Many parents will tell you that their first child’s pregnancy was infinitely different from their second child’s pregnancy, and so on. This is why it is important for parents to be aware of the necessary care when expecting a child.
Thinking about the excitement of becoming a new mom or dad, there are few life events that have so much anticipation or excitement. Several years ago, a young teen mom was expecting her first child at the age of 15. Something went terribly wrong and she was forced to deliver before making it to full term. During the emergency C-section at Lancaster General Hospital, the new mom suffered a catastrophic brain bleed that caused her to become quadriplegic since the day of her son’s birth.
When a person makes the decision to go under the knife, it is usually after being assessed and diagnosed with an injury or ailment. Surgery is usually ordered as a precautionary treatment or as a remedy for those suffering from an illness or injury to either cure or help with their symptoms. Surgery isn’t always ordered as a treatment option by a medical professional, but in instances of surgery there is always a risk, sometimes slight to moderate, of further injury or complications in connection with the surgical accidents.
There is a reason we seek the help of professionals when it comes to our health. It’s because they are experts that are trained to give medical advice, recommend treatment plans or medication and even operate, if necessary. We trust health care providers because they are trained to provide health care solutions for us and loved ones. But, what happens when a healthcare provider, like a doctor, fails to meet a standard of care and that causes personal injury?
Couples might visit a doctor or geneticist to determine if it’s safe for them to have a child. These couples may be concerned, for example, that their child will have a birth defect or serious ailment as a result of the genetic makeup of the parents.
Certain hospitals and medical care facilities specialize in certain areas of treatment. For example, there are hospitals specializing in medical disciplines throughout Pennsylvania. Some of these specialties include children, cancer centers and burn centers. One Pennsylvania hospital, which advertises itself as a facility for high-level stroke treatment, is under suspicion due to a lawsuit. The lawsuit alleged that the hospital failed to give a patient an MRI despite a neurologist’s recommendation when she came to the emergency room in October 2016.
We have all heard the joke that poor handwriting could be an indication that a person could or should be a doctor. Poor handwriting has often been associated with doctors both recently and doctors of the past. When doctors would write a prescription, or medical notes, they often would, and some still do, write physically rather than enter it digitally into a computer. However, computers may be a better option for some doctors as a miscommunication related to their handwriting can result in medical malpractice.