What Is the Burden of Proof?

Meeting the burden of proof for malpractice in the delivery room can be incredibly difficult. The burden of proof is the obligation placed on the person or party that is making a claim or assertion. This individual must provide sufficient evidence to support the claim they are making.

A Philadelphia delivery room error lawyer must prove beyond a reasonable doubt that there was negligence on the part of the medical staff during the birth of the child. Not only does there need to be negligence, but you must also prove that negligence caused harm to the child or mother during the delivery.

A Philadelphia delivery room error attorney must show several things in a delivery room error case:

  • There must have been a relationship established between the doctor and the patient.
  • The standard of care must have been breached by the healthcare provider. Examples include a failure to act in a reasonable and competent manner.
  • The standard of care that was breached must have caused an injury during the delivery to the child or mother.
  • The injury resulted in damages, including but not limited to medical expenses, lost wages, or pain and suffering.

The burden of proof presented in a medical malpractice lawsuit means that there must be enough evidence to convince a judge or jury that the healthcare provider’s actions fell below the accepted standard of care and caused the injury. There may be a specific standard of care that applies to the exact circumstances of your case.

To prove malpractice in the delivery room, you need a knowledgeable and skilled attorney to protect your legal rights and get the justice you deserve. Our team at Wapner Newman is dedicated to helping victims and their families hold those who have harmed them accountable. We know how to get answers to some of the most challenging questions families have.

We have earned a reputation for providing vigorous representation to victims while arguing against even the most challenging and thorough arguments from doctors, nurses, and other delivery room medical professionals. Philadelphia delivery room failure lawyers must have solid experience litigating birth injury claims.

Contact Wapner Newman today by calling (215) 569-0900 at your earliest convenience to schedule a free consultation.

How Long Do I Have to File a Delivery Room Error Lawsuit?

Medical malpractice is typically under-reported for all types of patients. Birth injuries related to a physician’s negligence often remain undiscovered or mischaracterized as congenital birth defects. It’s common for these types of injuries to not be obvious for months or possibly even years after the birth, which makes them challenging to recognize.

It’s important for parents who are concerned about negligence from a doctor or hospital staff to contact a delivery room error lawyer for help. An experienced attorney at Wapner Newman can provide a free consultation on your case. We thoroughly research the circumstances of your child’s birth injury to get you and your family the compensation you deserve.

The typical period for filing a lawsuit for damages is two years from the date of the negligent act or omission resulting in injury. However, birth injury cases are often different because the negligence is often undiscoverable, and the period may be extended to three years. For minors, the right to sue could last until the child’s sixth birthday.

How Wapner Newman Can Help

When your child is injured during birth — or even worse, passes away because of a delivery room error — it is devastating. Bringing your child into the world should be full of joy and hope, not exhaustion, grief, and anger at those who caused the situation. When you have a child who is injured during birth, they usually require a lifelong commitment of care.

The special care an injured child needs, and the astronomical medical expenses that are necessary, can take their toll on the family financially and emotionally. We want to ensure that our clients can get the top-quality care that their injured child deserves.

Our Philadelphia delivery room failure lawyers work to achieve justice for you and your family. When a child is born with a birth injury, it could impact that child for the foreseeable future and possibly for their entire lives. We are dedicated and committed to securing the entire compensation needed to support them.

If your child has been injured by a birth injury caused by medical malpractice, please contact Wapner Newman. Every one of our medical malpractice cases begins with a free consultation. We understand that parents have busy lives, especially when caring for a child with a birth injury. We offer convenient and flexible appointments. To set up a free initial consultation, please call Wapner Newman at (215) 569-0900.

How Does a Delivery Room Error Attorney Investigate a Claim?

To successfully defend a birth injury or medical malpractice case, a Philadelphia delivery room error lawyer must prove that the injury was a direct result of the medical professional’s negligence. As part of our due diligence, our birth injury lawyers ask for your permission to examine medical records to look for evidence. We work hard to establish what happened before, during, and after the birth to help us build a case.

We may study diagnostic tests, electronic fetal monitor strips, labor and delivery charts, documentation of how birthing tools were used, and any additional notes from the staff on the pregnancy and delivery. The later diagnoses of your child’s condition(s) by specialists are also used as supporting evidence. It’s important to note that on their own, these specialists are typically not enough to prove malpractice. To determine whether medical malpractice partially or completely caused your child’s injury, we seek the advice of medical experts when reviewing all this information.

For a wrongful death claim resulting from a birth injury, we must prove that the fetus was viable at the time of death and could have survived outside the mother’s womb. In these cases, we seek the counsel of medical experts to determine the viability of the case. Our goal is to build the strongest possible case for you. We complete a thorough and tactful review of the circumstances of the birth injury. We look at every detail since it all could be important to the case. We understand this can be a painful subject for your family, and we handle it with the utmost compassion and respect while seeking to hold accountable those responsible for your child’s injuries.

How Do We Prove Violations of the Standard of Care?

To receive any amount of damages, we must show negligence, which means there was a lack of compliance with the standard of care. We also must prove factual cause and harm as a result of that negligence. All healthcare providers have a duty to their patients. They have the responsibility to treat patients with the standard of care expected in their profession.

“Standard of care” is a term used to describe a basic level of acceptable treatment that a patient should expect to receive from their healthcare provider. It is also important to understand that the level of care is reasonable within each circumstance. This means that every circumstance and situation could have a different standard of care expectation.

In a delivery room setting, the standard of care should include both the mother and child being monitored for signs of fetal distress and complications throughout the entire labor and delivery process. Obstetricians, midwives, and other medical professionals who assist in the birth of a child are held to standards appropriate to their specialized profession. They have a duty to exercise reasonable care to ensure the safety of both mother and child. If they do not follow these standards and procedures and damage results, the professional may be found negligent and liable for any resulting harm.

Why Choose Us

At Wapner Newman, our staff of knowledgeable Philadelphia delivery room error lawyers is full of experienced litigators ready to provide you with sound representation and legal counsel. Our team has secured major victories for our clients in many high-profile medical malpractice cases. We have a reputable medical malpractice law firm that prioritizes our clients’ needs.

We understand the importance of building strong relationships with our clients. You can rest and take care of your child, knowing that your birth injury case is in safe hands. We approach your birth injury case with compassion and sensitivity for you and your family. That said, we also use a strong, aggressive legal strategy to win your birth injury case.

Steps a Philadelphia Delivery Room Error Lawyer Takes to Prove Negligence

It is essential that we prove negligence in your birth injury case. Some states, such as Pennsylvania, have factual cause. This means that while there may be negligence, we also must provide facts or evidence that support that the negligence is what caused harm. While the individual healthcare professionals who assisted in your birth may be found negligent, so can the hospitals. In some cases, the hospital can be found liable for the negligence of their employees. This is referred to as corporate liability.

To obtain compensation, a delivery room error lawyer still needs to prove that the medical professional breached the duty of care and that this breach caused the injury or death. These two facts must be proven to win your case. To prove these facts, we must show the following:

  • There was a relationship between you and the medical professional, and that medical professional had the duty not to cause harm.
  • The medical professional violated this duty and the standard of care through actions or inactions.
  • These violations caused the birth injuries or increased the risk of harm.
  • You or your child suffered damages as a result.


How long can a delivery room error lawsuit take?

Every case is different, and some take longer than others. Medical malpractice may take a little longer than other cases. You should prepare for the case to take about 18 to 24 months.

Does my case have to go to court?

Not necessarily. Your case could be settled outside of court. There is a high percentage of medical malpractice settlements that happen outside of court. You should keep in mind that most cases must be put into a lawsuit before the insurance company takes the claims seriously.

What are my responsibilities for the case?

It’s incredibly important that you are completely honest with your attorney. You must tell your attorney everything you can. We understand that this is a stressful time and that it may be difficult to remember or talk about. However, the more information you share, the better your attorney can help you. When you do not tell your attorney everything, your attorney’s ability to help you is compromised.

How will I know I have a valid case?

You don’t have to figure that out on your own. That is an important decision, and Wapner Newman is here to help. Contact us to set up a free consultation to go over your birth injury case and situation in detail. Our attorneys will be able to tell you whom you can sue and what you can expect to recover based on the facts of the situation and the laws in Pennsylvania. In most scenarios, you will have a case if someone acted negligently under the circumstances and caused birth injuries. Applying this standard is incredibly complex, which is why it is important to consult us.