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Doctor Malpractice and Liability

What Is Doctor Malpractice?

Health care providers must exercise a certain level of prudence and caution when entrusted with a medical duty. Failure to uphold this expected standard of care can cause birth injuries or worsen an already existing condition.

It is important to note that doctors cannot be held liable for basic human error. The medical and legal fields recognize that human mistakes may contribute to minor illness or suffering. A viable doctor malpractice lawsuit, therefore, rests on a medical provider breaching the standard of care by acting in a way inconsistent with his or her expectations as a medical professional.

Some examples of doctor malpractice in the birth injury context include:

  • Failure to monitor the fetus before and during delivery
  • Failure to diagnose a medical condition
  • Failure to warn of risk factors or take the proper action to prevent the risks
  • Failure to perform a necessary C-section
  • Failure to respond to signs of fetal distress
  • Failure to diagnose a birth injury, causing further harm to a child
  • Improper use of forceps, vacuums or other delivery aids
  • Prescribing wrong medication
  • Injuring a mother or baby during delivery

Additionally, birth injury can result from hospital malpractice or nursing malpractice, such as the failure to follow a doctor's orders, or the failure to maintain a sterile environment.

Should You Pursue a Doctor Liability Case?

As you look back on the birthing process, do you recall anything that seemed out of place or odd? Did your doctor insist on you delivering vaginally, despite obvious signs of labor complications and fetal distress? Did a nurse look questionably at your doctor after receiving instructions? Did your doctor dismiss bruises or other signs of injury that concerned you?

These may be signs of doctor malpractice. You should discuss these concerns with a legal professional skilled in handling cerebral palsy, Erb's palsy and other birth injury cases.

The Birth Injury Team is a subsidiary of Silvers, Langsam & Weitzman, P.C., skilled in handling all types of birth injury concerns. Our attorneys have more than 100 years of combined experience representing the rights of parents and guardians caring for a child with special needs. We work closely with a group of medical professionals, who can provide valuable insight into the cause of your child's birth condition. To discuss your needs with a member of our team, 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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