Under Philadelphia medical malpractice laws, a birth injury lawsuit must be proven by a preponderance of the evidence on the part of the plaintiff. This means enough clear evidence is necessary to convince a judge or jury that a defendant is more likely than not responsible for a victim’s injury or damage. If your family files a birth injury lawsuit in Philadelphia, it will be up to you or your attorney to prove your case against a doctor or another defendant by establishing his or her liability.
Liability refers to legal and financial responsibility for a civil tort or wrongdoing. In a birth injury lawsuit, liability is determined after a careful investigation of the incident. This may involve interviewing eyewitnesses, obtaining the opinion of medical experts, carefully analyzing medical records and files, and taking other steps to fully understand the facts of the case. If it is determined that a medical professional fell short of his or her standards of care during pregnancy, labor or delivery, the individual practitioner may be found liable for the victim’s losses.
A doctor, surgeon or OBGYN may be held individually liable for a birth injury in Pennsylvania if he or she is an independent contractor and not an employee of the hospital or birthing center. If the practitioner who injured your child is an employee, however, you may have grounds to hold the health care facility vicariously liable. This can result in greater insurance coverage available for your losses. An attorney at Youman & Caputo can help you determine liability for your case.