Birth Injury, Philadelphia Medical Malpractice

Introduction to Birth Injuries and Cerebral Palsy

Leave a comment

Birth injuries can have a wide range of effects, but one of the most serious is the potential to cause cerebral palsy. Cerebral palsy is a neurological disorder that affects a person’s muscle control, coordination, and posture. It is caused by damage to the brain, usually before or during birth, and can lead to physical, mental, and developmental disabilities. Birth injuries are a major cause of cerebral palsy and can have life-altering consequences for those affected.

What Is A Birth Injury?

A birth injury is any type of trauma sustained by a baby during the birthing process. Birth injuries can be caused by a variety of factors, including medical negligence, an overly long labor, improper use of delivery instruments, or an undetected medical condition. Birth injuries can range from mild to severe, with some being temporary and some resulting in permanent disabilities.

How Do Birth Injuries Cause Cerebral Palsy?

Birth injuries can cause cerebral palsy in a few different ways. The most common cause is oxygen deprivation, which occurs when the baby’s brain does not receive enough oxygen during the delivery process. Oxygen deprivation can be caused by a variety of factors, including an improperly used vacuum extractor, a mother with a preexisting medical condition, or an umbilical cord that is wrapped around the baby’s neck.

Another cause of cerebral palsy due to birth injury is physical trauma. Physical trauma can be caused by the improper use of delivery instruments such as forceps or a vacuum extractor, or by a prolonged labor that causes the baby’s head to become stuck in the birth canal. Physical trauma can also be caused by medical negligence, such as when a doctor fails to perform a C-section in a timely manner or fails to properly monitor the baby’s vital signs during the delivery process.  If you believe your baby’s cerebral palsy was caused by negligence, you may want to explore filing a medical malpractice claim

Finally, cerebral palsy can also be caused by an undetected medical condition that affects the baby’s brain development. This could include a genetic disorder, an infection, or a complication from a mother’s pregnancy. While these conditions are rare, they can lead to permanent damage to the baby’s brain.

Conclusion

Birth injuries can have life-altering consequences, including the potential to cause cerebral palsy. Cerebral palsy is a neurological disorder that affects a person’s muscle control, coordination, and posture, and can lead to physical, mental, and developmental disabilities. Birth injuries can cause cerebral palsy in a variety of ways, including oxygen deprivation, physical trauma, and undetected medical conditions. It is essential to take steps to prevent birth injuries and to seek medical advice if a birth injury is suspected.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee is a Super Lawyer who is a shareholder at CPR Law.  James Goslee can be reached at or on linked in at LinkedIn or by phone at 215-567-3500.

Birth Injury, Medical Malpractice

How to Find a Lawyer When Your Baby Suffers a Birth Injury

Leave a comment

Having a baby is a joyous and exciting experience for most families. Unfortunately, sometimes complications during childbirth can cause serious injuries to babies. When this happens, it can be a devastating experience for parents. To ensure that their rights are protected and that their baby receives the best possible care, it’s important for families to find a lawyer who specializes in birth injury cases. This article will provide information on how to find a lawyer when your baby suffers a birth injury.

Understand the Types of Birth Injuries

The first step to finding a lawyer when your baby suffers a birth injury is to understand the types of birth injuries that can occur. Birth injuries can be divided into two categories: those caused by medical negligence and those caused by natural causes. Medical negligence occurs when a medical professional fails to provide a standard of care that a reasonable person would expect. Natural causes, on the other hand, are caused by factors beyond the control of the medical professional, such as a baby’s size or a mother’s health.

Sometimes a birth injury can occur as a result of natural causes or medical malpractice. In these cases, you will likely need an experienced medical malpractice attorney to help identify the specific cause of a birth injury. For instance, cerebral palsy can and does occur without medical malpractice. However, sometimes cerebral palsy results from intraventricular hemorrhaging that could have been avoided had a baby been delivered sooner. Prenatal hypoxia is one cause of intraventricular hemorrhage. Causes of Intraventricular Hemorrhage

Research Local Lawyers

Once you have a better understanding of the types of birth injuries that can occur, the next step is to begin researching local lawyers who specialize in birth injury cases. Start by looking for lawyers who are members of relevant legal associations.  For instance, if you are looking for an experienced medical malpractice lawyer in Pennsylvania, you should search for a lawyer who is a member of the Pennsylvania Association of Justice. PAJ The PAJ provides resources to help families find experienced lawyers who specialize in birth injuries.

Check the Lawyer’s Credentials

Once you have identified a few potential lawyers, it’s important to research their credentials to ensure they are qualified to handle your case. Look for lawyers who have experience in handling birth injury cases, as well as those who have a proven record of success. You should also ask for references from former clients, or look for online reviews, to get an idea of the lawyer’s reputation.

Schedule a Consultation

Once you have narrowed down your list of potential lawyers, it’s time to schedule a consultation. During the consultation, ask questions about the lawyer’s experience with birth injury cases, the process for filing a claim, and the estimated cost of their services. You should also be prepared to discuss the details of your case and provide any relevant medical records.

Make Your Decision

After your consultation, it’s time to make a decision about which lawyer to hire. Consider factors such as the lawyer’s experience, the cost of their services, and the type of compensation you may be entitled to. It’s also important to trust your instincts and choose a lawyer who you feel comfortable working with.

Conclusion

When a baby suffers a birth injury, it’s important for families to find a lawyer who specializes in birth injury cases. The best way to find a lawyer is to understand the types of birth injuries that can occur, research local lawyers, check the lawyer’s credentials, schedule a consultation, and make an informed decision. With the right lawyer on your side, you can ensure that your rights are protected and that your baby receives the best possible care.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee is a Super Lawyer who is a shareholder at CPR Law.  James Goslee can be reached at or on linked in at LinkedIn or by phone at 215-567-3500.

Birth Injury, Medical Malpractice

Intrapartum Interventions for Preventing Shoulder Dystocia

Leave a comment

We had previously written about shoulder dystocia injuries caused by medical malpractice (Medical Malpractice and Shoulder Dystocia). In this article, we will explore how following the standard of care and properly managing delivery can prevent permanent injuries associated with shoulder dystocia. 

Shoulder dystocia (SD) is a serious obstetric complication that occurs during delivery when the baby’s shoulder gets stuck behind the mother’s pubic bone. It is diagnosed when the baby’s head is delivered, but the shoulders remain stuck behind the mother’s pubic bone. This can lead to severe birth trauma, including neonatal asphyxia, brachial plexus injury, and even fetal death.

It is estimated to occur in 0.3–3% of all vaginal deliveries, with higher rates in certain risk factors such as larger than average babies, diabetes, and macrosomia. As such, it is important to take precautionary measures to prevent shoulder dystocia from occurring in the first place. Intrapartum interventions, including fetal monitoring, external cephalic version, and the use of forceps and vacuum extraction, are used to reduce the risk of SD and its associated complications.

Ultrasound

Ultrasound is used to predict shoulder dystocia by measuring the size of the baby.  Babies that are bigger than normal (sometimes called macrosomia) often have a higher risk of shoulder dystocia. The doctor can also look for other signs of shoulder dystocia on the ultrasound, such as a larger than normal space between the baby’s shoulder blades. If these signs are present, there is an increased risk of shoulder dystocia and the doctor should discuss this with their patient and can take steps to reduce the risk.

Fetal Monitoring

Fetal monitoring is a non-invasive approach used to assess the baby’s well-being during labor. It can be done with either a fetal heart rate monitor or an ultrasound to detect any abnormalities in the fetal heart rate or in the presentation of the baby. Fetal monitoring can help detect signs of fetal distress that can be associated with a slow progression of labor and subsequent shoulder dystocia.

External Cephalic Version (ECV)

External cephalic version (ECV) is a procedure used to manually turn the baby in the uterus from a breech position to a cephalic (head-first) position. This can reduce the risk of SD since the baby’s head is larger than the shoulders, and the head-first presentation can make it easier for the baby to pass through the mother’s pelvis. ECV is generally only recommended for breech pregnancies, and it is not recommended for women with certain risk factors such as placenta previa or a history of uterine surgery.

Forceps and Vacuum

Extraction Forceps and vacuum extraction are two instruments used to assist in delivery. Forceps are curved blades that fit around the baby’s head, and they are used to guide the baby’s head out of the birth canal. Vacuum extraction is a procedure in which a plastic cup is attached to the baby’s head, and suction is used to help guide the baby’s head out of the birth canal. Both of these instruments can reduce the risk of SD by helping to guide the baby’s head out of the birth canal and reduce the risk of a prolonged second stage of labor.

Shoulder Dystocia and Medical Malpractice

Shoulder dystocia is a serious obstetric complication that can lead to severe birth trauma and even death if not managed properly. Intrapartum interventions, such as ultrasound, fetal monitoring, external cephalic version, and the use of forceps and vacuum extraction, are often used to reduce the risk of shoulder dystocia and its associated complications. It is important for healthcare providers to be aware of the risk factors for shoulder dystocia and to recommend the appropriate intrapartum interventions for women at risk.

Although shoulder dystocia can be difficult to predict, often serious injury can be prevented if medical providers properly manage the delivery and follow the standard of care. In some cases, injuries from shoulder dystocia are caused by medical malpractice. If a medical professional fails to provide the expected level of care, then the patient or their family may be eligible to file a medical malpractice lawsuit in Philadelphia.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at CPR Law or on linked in at LinkedIn

References American College of Obstetricians and Gynecologists. (2018). Practice Bulletin No. 201: Shoulder dystocia. Obstetrics & Gynecology, 132(3), e112-e125 (Pub Med)

Hill M., R., Cohen, W. (2016). Shoulder Dystocia: Prediction and Management (Managing Shoulder Dystocia

Nelson K., Sartwelle, T, Electronic fetal monitoring, cerebral palsy, and caesarean section: assumptions versus evidence (Fetal Monitoring)

Birth Injury, Medical Malpractice

Cerebral Palsy and Medical Malpractice in Philadelphia

Leave a comment

Cerebral palsy is a lifelong physical disability that affects movement, posture, and balance. It is caused by damage to the parts of the brain that control movement, usually occurring before, during, or shortly after birth. Unfortunately, some cases of cerebral palsy are caused by medical negligence or malpractice. If a medical professional fails to provide the expected level of care, then the patient or their family may be eligible to file a medical malpractice lawsuit in Philadelphia.

What Is Cerebral Palsy?

Cerebral palsy (CP) is a neurological disorder that primarily affects the ability to control movement. It is caused by damage to the parts of the brain that control movement, usually occurring before, during, or shortly after birth. The extent of the damage and the area of the brain affected will determine the type of CP and the severity of the symptoms.

Common symptoms of Cerebral Palsy include:

  •   Muscle stiffness
  • Stiff or weak muscles
  • Poor coordination and balance
  • Abnormal gait
  • Difficulty speaking
  • Difficulty eating
  • Seizures
  • Visual impairments

What Causes Cerebral Palsy?

The epidemiology of cerebral palsy has been studied closely for years. Cerebral palsy can be caused by a variety of factors before, during, or after birth, including:

  • Lack of oxygen to the brain (anoxia or hypoxia)
  • Infections, such as meningitis or encephalitis
  •  Genetic disorders
  • Intracranial hemorrhage
  • Traumatic brain injury
  • Physical trauma during childbirth
  • Prolonged labor
  • Maternal health conditions, such as diabetes or hypertension
  • Exposure to toxins, such as lead or mercury
  • Medical negligence or malpractice

Medical Malpractice and Cerebral Palsy

When a medical professional fails to provide the expected level of care, the patient or their family may be eligible to file a medical malpractice lawsuit. In the case of cerebral palsy, medical negligence or malpractice can include:

  • Failing to recognize symptoms of fetal distress
  • Failing to order a C-section in a timely manner
  • Failing to properly monitor the mother or baby during labor and delivery
  • Failing to diagnose or treat an infection
  • Failing to diagnose or treat a genetic disorder
  • Failing to diagnose or treat an intracranial hemorrhage
  •  Failing to treat a traumatic brain injury
  • Failing to recognize or treat a mother’s health condition
  • Failing to recognize or treat an exposure to toxins

Filing a Medical Malpractice Lawsuit in Philadelphia

If you or your loved one has been diagnosed with cerebral palsy due to medical negligence or malpractice, you may be eligible to file a medical malpractice lawsuit in Philadelphia. Before filing a claim, you should consult a law firm with experience handling medical malpractice cases in Philadelphia. An experienced medical malpractice lawyer can help you determine if you have a valid claim.

Experienced medical malpractice lawyers will investigate your case and determine whether the medical professional failed to provide the expected level of care. If the medical professional did not provide the expected level of care and you suffered an injury, then you may be eligible to receive financial compensation for medical bills, lost wages, and pain and suffering.

Conclusion

Cerebral palsy is a lifelong physical disability that affects movement, posture, and balance. It is caused by damage to the parts of the brain that control movement, usually occurring before, during, or shortly after birth. Unfortunately, some cases of cerebral palsy are caused by medical negligence or malpractice. If a medical professional fails to provide the expected level of care, then the patient or their family may be eligible to file a medical malpractice lawsuit in Philadelphia.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at CPR Law or LinkedIn

Birth Injury, Philadelphia Medical Malpractice

Where to Find Resources to Care for Children with Birth Injuries in Philadelphia

Leave a comment

Birth injuries can be devastating for families, especially when the injury affects the baby’s head and brain. It can be difficult to know where to turn for help and resources. Fortunately, there are a variety of organizations that provide support, advice, and resources to families of children with birth injuries in and around Philadelphia.

Understanding Birth Injury

Before diving into available resources, it’s important to understand what birth injury is and how it can affect a child’s health. Birth injury is a broad term used to describe any type of injury that occurs during childbirth. Common birth injuries include brachial plexus injuries, cerebral palsy, and skull fractures. Birth injuries can range from mild to severe and can cause a variety of physical and cognitive impairments.

As discussed in this article, the best resources for parents coping with birth injuries in Philadelphia include

  • Birth Injury Support Groups
  • Medical Professionals
  • Local Philadelphia and National Groups
  • Informative Websites
  • Educational Resources for Birth Injuries

Birth Injury Support Groups

One of the best resources for parents of children with birth injuries is a support group. Support groups are a great way to connect with other parents who have similar experiences and can offer advice, emotional support, and understanding. These groups often provide resources and information about local programs and services in the Philadelphia region.

Medical Professionals

Medical professionals are a great resource for families of children with birth injuries. Pediatric neurologists, physical therapists, and other specialists can provide invaluable advice about treatment options, therapies, and other services. It’s important to find a provider you trust and who is familiar with the specific type of birth injury your child has. Luckily, there are many high qualified medical professions who treat birth injuries in the Philadelphia area.

 Local Philadelphia and National Organizations

There are many local Philadelphia organizations and national organizations that provide resources for families of children with birth injuries. One local Philadelphia organizations is Tools for Meeting Life’s Challenges, which provides exceptional resources for families coping with a birth injury (Tools).  These organizations can provide financial assistance, educational resources, and advocacy for families. Some organizations also provide emotional support and counseling.

The Internet

The Internet is a great resource for parents of children with birth injuries. From blogs to websites, there are a variety of online resources available. These sites often provide information about treatments, support groups, and other resources. It’s important to be mindful of the sources of information you find online, as not all resources are reliable.

Educational Resources

Educational resources are invaluable for families of children with birth injuries. Parents can find books and other materials to help them understand the condition and learn about treatment options. Many organizations also offer classes and seminars to provide parents with the latest information about birth injuries and therapies. For parent’s looking for birth injury resources in Philadelphia, Tools can provide a great deal of information to get you started.

Conclusion

Families of children with birth injuries have a lot to consider and manage. Fortunately, there are many resources available to help them care for their child, especially in an around Philadelphia. From support groups to medical professionals and national organizations, parents can find the information and assistance they need to give their child the best care possible.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at CPR or on linked in at LinkedIn

Birth Injury, Philadelphia Medical Malpractice

Injuries at Birth – Litigating Medical Malpractice Cases in Philadelphia

Leave a comment

Birth injuries are a major concern for parents and medical professionals alike. Often these injuries are so significant that the injured child will need a lifetime of care and treatment. Consequently, when injuries at birth do occur, parents often consider bringing a lawsuits to seek compensation.  Every year, dozens of lawsuits are filed in Philadelphia on behalf of children injured at birth.  

The Most Severe Injuries at Birth

There are a variety of injuries that can occur during childbirth, some of which can be mild and easily treated. However, there are a few injuries that can be more severe and may require long-term medical attention or permanent disability. Three of the most severe injuries that occur at birth are:

  1. Cerebral Palsy
  2. Erb’s Palsy
  3. Shoulder Dystocia.

All of these injuries can cause long-term disability and require extensive medical treatment. It is important for parents and medical professionals to be aware of the risks associated with childbirth, and to be prepared to act quickly and appropriately if any of these injuries occur.

This article will discuss each type of injury and how, in some cases, a medical malpractice lawsuit can be brought to seek compensation.  

Cerebral Palsy

Cerebral palsy is one of the most severe birth injuries that can occur. It is a group of disorders that affect movement, posture, and coordination. It is caused by damage to the brain that occurs before, during, or after birth. Symptoms can range from mild to severe and can include difficulty with walking, speaking, and eating. Treatment for cerebral palsy can vary depending on the severity of the disorder, but can include physical, occupational, and speech therapy, as well as medications and surgery.

Erb’s Palsy

Erb’s palsy is a type of nerve injury that can occur during childbirth. It is caused by damage to the brachial plexus, a network of nerves that control the movement of the arms, hands, and fingers. Symptoms can range from mild weakness to complete paralysis of the affected arm. Treatment for Erb’s palsy can include physical therapy, occupational therapy, and surgery.

Shoulder Dystocia

Shoulder dystocia is a serious complication that can occur during childbirth. It occurs when the baby’s shoulder becomes stuck in the mother’s pelvis during delivery. If not managed promptly, it can lead to serious injury to the baby and the mother. Treatment for shoulder dystocia can include manual manipulation of the baby’s shoulder and body, or an emergency cesarean section.

Philadelphia Lawsuits for Injuries at Birth

When an injury occurs at birth, families may be able to bring a lawsuit in Philadelphia to seek compensation for the injury and its effects. The process for bringing a lawsuit begins by filing a complaint with the court. During this process, the family will need to provide evidence of the injury, such as medical records, testimony from medical professionals, and any other evidence that supports their claim.

After the complaint is filed, the court or a jury will consider the merits of the case and determine whether the family has a claim. If the court or jury finds that the family has a valid claim, the family may be able to receive compensation for the injury and its effects. This may include medical bills, lost wages, pain and suffering, and any other damages that the family has suffered. Additionally, the family may also be able to receive punitive damages, which are intended to punish the medical professional or facility that caused the birth injury.

Bringing a lawsuit in Philadelphia can be a complex and time-consuming process. It is important to have an experienced attorney who understands the laws and regulations surrounding birth injury lawsuits. An experienced lawyer can help the family to understand their legal rights and ensure that the family receives the compensation that they deserve. When a birth injury occurs, families may be able to bring a lawsuit in Philadelphia to seek compensation for the injury and its effects. Knowing the three most common causes of birth injuries and the process for bringing a lawsuit in Philadelphia can help families to make informed decisions about their legal options and ensure that they receive the compensation that they deserve.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at CPR LAW or at LinkedIn

Medical Malpractice, Uncategorized

Shoulder Dystocia Injuries and Medical Malpractice Claims in Philadelphia

1 Comment

Shoulder dystocia is a serious medical condition that can occur during childbirth when the baby’s shoulder becomes stuck behind the mother’s pelvis during delivery. This can be a life-threatening situation for both the mother and the baby, and if the medical team does not take the appropriate steps to prevent or treat the shoulder dystocia, the baby can suffer serious injuries. In this article, we will explore shoulder dystocia injuries, how they can be prevented, and how to bring a lawsuit when an injury occurs.

What Is Shoulder Dystocia?

Shoulder dystocia is a medical complication that can occur during labor and delivery when the baby’s shoulder becomes stuck behind the mother’s pubic bone. This can cause the baby to become stuck in the birth canal and can be a potentially life-threatening situation. Shoulder dystocia is a relatively rare condition, occurring in approximately only one to two percent of all births.

What Are the Symptoms of Shoulder Dystocia?

The primary symptom of shoulder dystocia is the baby’s shoulder becoming stuck behind the mother’s pelvis.

Other symptoms may include:

• Prolonged labor

• Excessive bleeding

• Decreased fetal heart rate

• Weak maternal pulse

• Fetal distress

• Abnormal fetal positioning

What Are the Risks of Shoulder Dystocia?

Shoulder dystocia is a serious medical condition that can have serious consequences, including:

• Fetal hypoxia – This occurs when the baby is deprived of oxygen due to the shoulder dystocia.

• Brachial plexus injury – This is an injury to the network of nerves that connect the shoulder, arm, and hand.

• Bone fractures – The baby may suffer broken clavicles, humerus, or other bones due to the shoulder dystocia.

• Neonatal death – In some cases, shoulder dystocia can result in the death of the baby.

How Can Shoulder Dystocia Be Prevented?

Shoulder dystocia can be difficult to predict in advanced. However, the risks of injury can be reduced by taking certain steps before, during, and after labor and delivery. These steps include:

• Educating the mother about the risk factors for shoulder dystocia.

• Monitoring the baby’s heart rate during labor to detect any signs of distress.

• Performing an ultrasound to detect any potential problems before labor begins.

 • Using specialized techniques to help reduce the risk of shoulder dystocia.

• Scheduling a cesarean section if the baby is in the breech position or if the physician believes there is an elevated risk of a dystocia occuring.

What Should You Do If Your Baby Suffers an Injury Due to Shoulder Dystocia?

If your baby has suffered an injury due to shoulder dystocia, you may be able to file a medical malpractice lawsuit. In order to do so, you will need to prove that the medical team failed to take the appropriate steps to prevent or treat the shoulder dystocia. You will also need to prove that the injury was a direct result of their negligence. In order to prove your case, you will need to gather evidence such as medical records, expert witness testimony, and other evidence that supports your claim. You will also need to hire a medical malpractice attorney who can help you navigate the legal system and ensure that your rights are protected.

Conclusion

Shoulder dystocia is a serious medical condition that can have serious consequences, including fetal hypoxia, bone fractures, and even death. It is important for medical teams to take the appropriate steps to prevent shoulder dystocia and to treat it quickly and effectively if it does occur. If your baby has suffered an injury due to shoulder dystocia, you may be able to file a medical malpractice lawsuit. In order to do so, you will need to hire an experienced medical malpractice attorney who can guide you through the legal process and ensure that your rights are protected.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at https://cprlaw.com/attorneys/james-p-goslee/ or on linked in at https://www.linkedin.com/in/james-goslee-8214415/

Birth Injury, Medical Malpractice

Bringing a Birth Injury Lawsuit in Pennsylvania

Leave a comment

Introduction

If your child has suffered a birth injury in Pennsylvania, you may be considering filing a lawsuit against the hospital or doctor responsible for the injury. Birth injuries can range from minor to severe, and they can have long-term physical, psychological, and financial consequences for your family. Knowing what to expect when bringing a birth injury lawsuit in Pennsylvania can help you prepare for the legal process and manage the emotional toll. This guide will provide an overview of the steps to filing a birth injury lawsuit in Pennsylvania.

Step 1: Review the Statute of Limitations

The statute of limitations determines the amount of time you have to file a lawsuit in Pennsylvania. Generally, the statute of limitations for medical malpractice cases in Pennsylvania is two years. However, if your child was under the age of 18 when the injury occurred, the statute of limitations will not begin to run until they reach the age of 18. It is important to be aware of the statute of limitations to ensure that you do not miss the deadline to file your lawsuit.

Step 2: Collect Evidence

To build a strong case, you will need to collect evidence to prove your claim. This can include medical records, witness statements, and other forms of evidence that can prove that the hospital or doctor was negligent and caused your child’s injury.

Step 3: Set Up a Consultation with a Birth Injury Attorney

Once you have collected the necessary evidence, it is time to set up a consultation with a birth injury attorney. During the consultation, the attorney will review your evidence and discuss the potential for a successful lawsuit. It is important to choose an attorney that has experience handling birth injury cases in Pennsylvania.

Step 4: Determine Which Parties to Name in Your Lawsuit

It is important to determine which parties you will name in your lawsuit. Depending on the circumstances and the evidence, you may be able to name the hospital, doctor, or both in your lawsuit.

Step 5: File the Lawsuit

Once you have determined the parties to name in your lawsuit, you can file your lawsuit. This involves filing a complaint with the court and serving the defendants with the complaint. The defendants will then have a certain amount of time to respond to the complaint.

Step 6: Prepare for Mediation

Mediation is a process where the parties come together to try to resolve the dispute without going to trial. A mediator, who is usually a lawyer, will facilitate the mediation. The goal is to resolve the dispute as quickly and as amicably as possible.

Step 7: Prepare for Trial

If mediation is not successful, the case will go to trial. During the trial, both sides will present evidence and witnesses to prove their case. The judge or jury will then decide who is responsible for the birth injury.

Conclusion

Bringing a birth injury lawsuit in Pennsylvania can be a challenging and emotional process. Knowing the steps to filing a birth injury lawsuit in Pennsylvania can help you prepare for the legal process and manage the emotional toll. It is important to consider the statute of limitations and to collect evidence, set up a consultation with a birth injury attorney, determine the parties to name in your lawsuit, file the lawsuit, prepare for mediation, and prepare for trial.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at https://cprlaw.com/attorneys/james-p-goslee/ or on linked in at https://www.linkedin.com/in/james-goslee-8214415/

Uncategorized

Bringing a Medical Malpractice Lawsuit in Pennsylvania

Leave a comment

If you are considering bringing a medical malpractice lawsuit in Pennsylvania, you may be feeling overwhelmed and unsure about where to start. Medical malpractice is a complex legal matter and understanding your rights as a patient can be confusing. Knowing the legal requirements for filing a medical malpractice lawsuit in Pennsylvania, as well as the steps to take, is essential for ensuring that you get the compensation you deserve.

What is Medical Malpractice?

Medical malpractice occurs when a medical professional, such as a doctor, nurse, hospital, or other healthcare provider, fails to meet the standard of care that is expected of them. This means that they do not provide the same level of care as another reasonable, competent medical professional would in the same situation. If the medical professional’s actions or inaction leads to an injury or death, then they can be held liable for medical malpractice. Medical malpractice can involve a variety of issues, such as misdiagnosis, failure to diagnose, failure to provide proper treatment, birth injuries, surgical errors, and more. If you believe that you or a loved one has been the victim of medical malpractice, then you may be able to bring a medical malpractice lawsuit in Pennsylvania.

Requirements for a Medical Malpractice Lawsuit in Pennsylvania

In order to bring a medical malpractice lawsuit in Pennsylvania, there are certain legal requirements that must be met. First, you must obtain a signed affidavit from a qualified medical expert who is willing to testify that the medical professional failed to provide the standard of care that was expected of them. This medical expert must be licensed in the same field as the medical professional you are suing. Next, you must file the complaint with the court within two years of the date of the injury or death. If you are bringing a claim on behalf of a deceased loved one, then you will have two years from the date of death to file the complaint. Finally, you must demonstrate that the medical professional’s actions or inaction caused the injury or death. This can be difficult to prove, so it is important to have evidence, such as medical records, to support your claim.

Steps to Take When Considering a Medical Malpractice Lawsuit in Pennsylvania

If you believe that you or a loved one has been the victim of medical malpractice in Pennsylvania, there are steps you can take to ensure that you get the compensation you deserve.

First, document the details of the incident. This includes getting copies of all medical records related to the incident, as well as any other evidence such as photos or videos.

Second, contact a qualified medical malpractice lawyer. A lawyer will be able to review your case and determine if you have a valid claim.

Third, file the complaint with the court within the two-year statute of limitations.

Your lawyer can assist you with this. Fourth, the lawyer will investigate the case, gather evidence, and prepare for trial. Finally, your lawyer will represent you in court and argue your case. If you or a loved one has been the victim of medical malpractice in Pennsylvania, then you may be able to bring a medical malpractice lawsuit. It is important to understand the legal requirements for filing a medical malpractice lawsuit in Pennsylvania, as well as the steps to take, in order to ensure that you get the compensation you deserve. If you have questions about the process or need assistance filing a medical malpractice lawsuit in Pennsylvania, then contact an experienced medical malpractice lawyer today.

James Goslee is an experienced medical malpractice, personal injury and product liability trial lawyer in Philadelphia.  James Goslee can be reached at https://cprlaw.com/attorneys/james-p-goslee/ or on linked in at https://www.linkedin.com/in/james-goslee-8214415/

Uncategorized

Pennsylvania Superior Court Confirms a Fictional “Lord of the Rings” Character Can’t File a Lawsuit

Leave a comment
This image has an empty alt attribute; its file name is LOR-1-683x1024.jpg

Who is allowed to file a lawsuit in Pennsylvania. This is a straightforward, but often overlooked question. An amusing opinion by the Pennsylvania Superior Court offers some insight. Short answer – definitely not fictional characters from Lord of the Rings.

In Ex. Rel Six et. al v. Gustafson, et al, two individual plaintiffs filed suit to regain possession of six storage containers that had, in prior landlord tenant litigation, been awarded to the Gustafsons. The named, individual plaintiffs were “Thomas E. Bombadil” and “Timothy D. Parr.” But these plaintiffs had an existential problem having nothing to do with property law or rules or procedure. They didn’t exist.

The trial court dismissed the matter after it was discovered that “Thomas E. Bombadil” was not a living, breathing person, but a fictional character from the “Lord of the Rings.” Likewise, as pointed out by the trial court, “Timothy D. Parr” did not exist and, in various pleadings, “regularly denied his own existence.”

The fictional plaintiffs appealed to the Superior Court. But, as you can imagine, the Superior Court was unmoved. In affirming the trial court’s dismissal the Superior Court offered the following insightful and humorous analysis:

In a typical case, we would dispose of an appeal by addressing the merits of cognizable claims and denying relief when none is due. We cannot even get to that point here, however, because we can only consider claims asserted by a real person or entity, and “Appellants” do not dispute the trial court’s findings that they do not exist.

There you have it. Who can file a lawsuit in Pennsylvania? Real people with real injuries. And definitely not Tolkien characters!

https://www.linkedin.com/in/james-goslee-8214415/