When Is a Birth Considered “Delayed”?
December 16, 2024
Welcoming a new baby into the world is meant to be a happy occasion, but complications during labor and delivery can turn it into a time of uncertainty and distress. One of the most common of these complications in Pennsylvania is a delayed birth. But exactly when is a birth considered “delayed”?
A delayed birth happens when there are issues during the delivery that cause the birthing process to go on for longer than it should, and it can lead to injuries or complications for both the baby and the mother.
For Pennsylvania families, it’s important to know what is considered negligent and how the process works for seeking justice and compensation for injuries that happened as a result of the delayed birth.
Is your family facing the aftermath of a delayed birth? Find out whether you’re entitled to compensation for the harm and losses you’ve suffered by calling the experienced birth injury attorneys of Wapner Newman at (215) 569-0900.
What Is a Delayed Birth?
Generally, a birth is considered “delayed” when there’s an extended period of labor or a delay in medical help that leads to complications. Delays can happen for a number of reasons, from failing to keep an eye on the baby’s distress to mismanaging delivery tools like forceps or vacuum extractors.
In some cases, delayed births can lead to serious injuries, including oxygen deprivation, physical trauma, or challenges with long-term development. However, it’s important to remember that not every delayed birth is caused by medical negligence. A delay becomes a legal issue when it’s directly caused by a failure on the part of the medical staff to meet the expected standard of care for their patients.
While a delayed birth is sometimes the result of unavoidable circumstances, it can also happen because of negligence by medical professionals.
Legal Implications in Pennsylvania
To determine whether a delayed birth constitutes malpractice requires examining specific factors, including:
- Standard of Care: Doctors have to follow protocols that align with what a competent practitioner would do in similar circumstances.
- Causation: It has to be shown that the delay caused harm to the mother and/or the baby.
- Resulting Losses: The harm caused led to physical, emotional, or financial losses.
For families, it’s important to understand these legal principles as you file for compensation for the injuries caused by a delayed birth.
Examples of Delayed Birth Due to Negligence
Negligence during childbirth can take on many different forms. When it involves a birth that is considered delayed, some common examples include:
- Not recognizing or responding to warning signs of fetal distress in time, such as abnormal heart rate or oxygen deprivation
- Putting off the decision to perform an emergency Cesarean section, which can lead to injuries like brain damage or cerebral palsy
- A misuse of delivery tools that causes a birth to not proceed in proper time and results in physical injuries for the baby, such as nerve damage or fractures
- Miscommunication among the delivery team, which can cause critical delays that put both the mother and the child at risk.
Each of these scenarios shows how delays in the delivery room can have life-changing consequences and also demonstrates the importance of legal accountability on the part of the doctors and nurses.
How Are Damages Determined?
When filing a legal claim for a delayed birth, one of the most important aspects is figuring out the damages that the family is entitled to recover. These damages can be classified into a couple of different categories.
Economic Damages
Economic damages cover losses that can easily be calculated into a set monetary value. Typically, they include costs for things like hospital visits, surgeries, therapies, and other treatments. If the child has developed a long-term disability, those expenses may also be included. In cases where the parent has to take time off work to care for their child or to attend medical appointments, their lost wages can be calculated and added to the compensation value.
Non-Economic Damages
Non-economic damages cover losses that are harder to quantify. These losses include things like the physical and emotional pain and suffering experienced by the child and parents, the distress caused by the traumatic birth, and the loss of quality of life for the child as well as their family.
Calculating damages requires a careful consideration of the child’s current and future needs, the family’s emotional toll, and the financial burden that’s been imposed by the injury. Birth injury attorneys play an important role in making sure their families are fully and fairly compensated for their expenses.
Why Timing Is Critical in Delayed Birth Cases
Perhaps the most challenging part of filing a case for birth injuries is meeting the statute of limitations. In Pennsylvania, medical malpractice claims generally have to be filed within two years of the incident. However, there are exceptions, such as when the injury isn’t immediately obvious. In cases that involve minors, the statute might extend until the child reaches a certain age.
If you don’t file a case within this time frame, you can lose your right to take legal action. For that reason, it’s critical to talk to an attorney as soon as possible. Ideally, this would be as soon as you have any suspicion that the delayed birth caused injury to your child. Early action can also make it easier to collect the evidence needed for such a case.
How an Attorney Can Help Your Family
Medical malpractice claims — perhaps especially those related to birth injuries — can get complicated in a hurry. Lawyers with experience in such cases offer valuable support to families and can help in a number of ways.
Conducting Thorough Investigations
Attorneys begin by collecting evidence to build as strong a case as possible. The exact evidence will depend on the circumstances, but the investigation often includes going over hospital records, talking to experts, and interviewing any witnesses to the delayed birth to help identify negligence by the hospital staff.
Establishing Liability
In some cases, more than one party might be responsible for the birth injury. As an example, a hospital’s policies and a nurse’s failure to follow protocols could contribute to the delay. Your lawyer can work to identify all liable parties and hold each one of them accountable for the part they played in the incident.
Negotiating Settlements
Most medical malpractice cases are settled out of court. Skilled attorneys can negotiate aggressively with insurance companies to make sure the settlement offer reflects the full scope of the family’s losses.
Representing Clients in Court
If a settlement can’t be reached, a birth injury lawyer can also take your case to trial. Their goal is to make sure the family gets the justice and the compensation they’re entitled to.
Get Justice for Your Family
When dealing with the aftermath of a delayed birth, you need a legal team with a proven track record of success. At Wapner Newman, we bring decades of experience to every case and fight tirelessly for families affected by medical negligence.
We understand the emotional and financial toll these situations can take, and we’re committed to reaching the best possible outcome for our clients. No legal action can undo the harm that has been caused, but filing a claim can give your family what you need to handle the medical costs, future care, and emotional recovery.
The impact of a delayed birth can last a lifetime, so don’t wait to take action to pursue the justice you’re due. Call Wapner Newman today at (215) 569-0900 to learn more about your legal options.