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What Has to Be Met for a Medical Malpractice Lawsuit?

Do I Have a Case?

Your child suffered a birth injury due to complications during the birthing process. You think the doctor or nurse may be responsible, but you aren't sure whether taking legal action is the right step. Do you even have a suitable birth injury lawsuit?

Medical malpractice occurs when a patient is harmed by the incompetent actions of a doctor, nurse or other health professional. Each case needs to be evaluated independently to determine whether such negligence or misconduct existed. However, there are some general commonalities to consider when thinking about filing a medical malpractice claim.

Did a doctor-patient relationship exist?

In order to file a successful medical malpractice lawsuit, you must have had a direct relationship with the doctor or nurse you are suing. In general, these are the people who were directly responsible for your care and provided that care in some way. Consulting physicians and nurses may be held liable in some instances.

Was there a clear act of negligence?

There must have been a clear act of negligence in order to file a medical malpractice lawsuit. Basic human error does not equate to misconduct if the physician or nurse was acting in a way consistent with the accepted standard of care. You must show that the medical provider acted in a way that another doctor under similar circumstances would not have.

Some examples of negligence leading to birth injuries include:

  • Failure to monitor baby
  • Failure to warn of pregnancy risks and failure to take action to prevent birth injuries resulting from high-risk pregnancies
  • Improper use of forceps, vacuums and other medical birthing devices
  • Failure to perform a C-section, when necessary
  • Failure to respond to signs of fetal distress
  • Medication errors

Was the birth injury directly related to the incompetent act?

Delivering a baby is a difficult process that relies on a wide range of factors to ensure everything goes smoothly. The baby needs to be exactly in the right position. Too big of a baby, or a mother with a smaller pelvic region can cause complications. A prolonged labor can lead to fetal distress. A medical malpractice lawsuit must show definitively that a medical mistake caused the injury, and not some natural cause.

Learn More

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., made up of experienced attorneys and medical professionals. We can help you determine whether you have a valid medical malpractice lawsuit. To discuss your child's birth injury 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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