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Birth Injury Standard of Care

The Standard of Care Explained

The standard of care refers to an expected concerned behavior as exercised by a professional entrusted with a specific duty. For medical professionals, this means providing skillful and diligent care that protects their patients from harm. When a doctor or other health care provider falls short of this standard, it is known as medical negligence or misconduct.

Breaching the standard of care is of great concern when children, and especially babies, are involved. A doctor's negligence can have a devastating effect on the health and well-being of a child throughout his or her life. When the negligence occurs during the birthing process, a baby faces struggles even before life really begins. Some examples of doctor errors that can lead to birth injuries include, but are not limited to:

  • Failure to warn of pregnancy complications and risks
  • Inadequate response to signs of fetal distress
  • Lack of attention and proper care in high-risk pregnancies
  • Errors in administering medication
  • Failure to order a necessary cesarean section
  • Failure to prevent a prolonged labor
  • Improper use of forceps and vacuums
  • Improper handling of a child, such as pulling or stretching a baby during the birthing process

The result of these errors are serious injuries including, cerebral palsy, Erb's palsy, paralysis, broken bones and infant brain injury. Breaching the standard of care is a serious infraction and should not be dismissed as a simple human mistake.

Proving a Breach of Birth Injury Standard of Care

If complications occur during a pregnancy or delivery that caused your child's injury, you may be able to seek compensation through a birth injury lawsuit. Providing proof of breach of standard of care is essential to the claim's success. As a parent, there are important steps you can take to gather the necessary evidence. Ask yourself what steps were taken to monitor your baby during childbirth. Did you suspect anything was wrong during the labor? Were arrangements made to speed up the delivery process or prevent harm to your child?

Through careful examination of the birth injury case, it can be determined what or who is liable for the birth injury and whether you can file a medical malpractice lawsuit.

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. Our lawyers have more than 100 years of combined experience handling birth injury cases. We are dedicated to helping parents understand their child's condition and guiding them through the process of securing the care and support they need.

To discuss your needs with one of our professionals, contact our office, in Philadelphia, Pennsylvania. We serve clients across the united States.


Located in Philadelphia, Silvers, Langsam & Weitzman, P.C., home of MyPhillyLawyer, serves clients in Philadelphia County, Pennsylvania, and throughout the United States.

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