When a child suffers a birth injury, it’s not just the physical toll parents are left with. There’s an emotional toll, too. In birth injury cases, parents often ask about their child’s legal rights, as well as their own ability to pursue justice. One of the most common questions is: Can parents sue for emotional distress in a birth injury case?
The answer is yes, but Pennsylvania law has strict requirements for when and how these claims can be made. Understanding your rights is crucial to making an informed decision.
What is Emotional Distress?
Emotional distress refers to a person’s mental pain and anguish that was the direct result of someone’s negligent actions. In a birth injury case, emotional distress could include:
- Anxiety
- Depression
- Trauma
- Post-traumatic stress disorder (PTSD)
- Persistent feelings of grief related to the child’s condition
- Feelings of helplessness
- Insomnia
- Loss of enjoyment of life
In order to be successful in your inclusion of emotional distress in your birth injury claim, your symptoms must go beyond simple sadness. Rather, they have to significantly impact your life and overall well-being.
Similar Post: What Should I Know About Filing a Birth Injury Lawsuit in Pennsylvania?
How Pennsylvania Treats Emotional Distress Claims
Pennsylvania allows for emotional distress claims to be brought forward by families. They are usually two types of claims that are recognized under current law:
- Negligent infliction of emotional distress (NIED)
- Intentional infliction of emotional distress (IIED)
Negligent Infliction of Emotional Distress
Negligent infliction of emotional distress is the most common type of emotional distress claim and works similarly to proving negligence in traditional personal injury cases. To succeed with your claim, you must show that your physician owed you a duty of care, that this duty was breached through negligence, and that the breach directly caused your damages. There’s another key factor in NIED claims, which includes what’s known as the “zone of danger.” This means that you were at serious risk of physical harm. An example could include being put at risk of a uterine rupture as a result of a delayed C-section.
Intentional Infliction of Emotional Distress
Though less common, intentional infliction of emotional distress applies when the physician or medical team intentionally deviates from the standard of care owed to you or your child.
It’s a difficult scenario to imagine, but an example of this might include a doctor or nurse performing unnecessary or abusive tests on a newborn with the intent of causing emotional distress for everyone involved, withholding fetal distress warnings, or making cruel comments about a baby’s condition. In IIED cases, the actions have to be so egregious and shocking that they could not be justified or considered reasonable by another person.
Whether your claim involves negligent or intentional infliction of emotional distress, you must show a clear connection between the medical provider’s actions and your psychological suffering.
Evidence You Need to Prove Emotional Distress
Since emotional distress claims are a lot harder to quantify when compared to physical injuries, your claim needs to be backed up by strong, credible evidence.
Strong evidence includes:
- Medical records: Hospital records, including physician notes that describe symptoms or concerns and fetal monitoring strips can help piece together what happened.
- Psychological records: Clinical diagnoses of anxiety, depression, PTSD, or other related conditions that impact your daily life, prescription history, symptoms related to your condition (insomnia, difficulty focusing, hopelessness, etc), and notes/progress reports from your therapist or psychiatrist.
- Personal journal entries: Notes detailing your symptoms, triggers, and mood changes can provide a link between your symptoms and your medical care team’s negligence.
- Expert testimony: Licensed mental health professionals can explain how negligent actions, such as witnessing a traumatic birth or being in the “zone of danger” can lead to these clinical diagnoses and symptoms, further establishing a link between the two.
- Documentation: Proof of lost wages, therapy costs, or even notes of disciplinary action from missing work can prove the impact of your condition on your daily life.
These pieces of evidence can paint a full picture of what happened in the labor and delivery room. For example, fetal monitoring strips could show that a baby was in distress, and the doctor’s decision to delay a C-section that would have prevented injuries, led the mother to be in the “zone of danger,” giving rise to a valid emotional distress claim.
Your lawyer will be able to collect this evidence on your behalf and before moving forward with a claim, send a demand letter to the hospital to begin negotiation talks. If a settlement cannot be reached, your lawyer will take the case to court.
Remember, hospitals are backed by major insurance carriers who will try to minimize liability. Having a lawyer who is unwilling to let a doctor, care team, or hospital get away with negligence is crucial to getting the justice you deserve. The team at Anapol Weiss is in your corner. We aren’t afraid to fight.
Similar Post: What Are Common Examples of OB/GYN Malpractice That Cause Birth Injuries in Allegheny County?
Don’t Let Your Story Go Unheard; Call Anapol Weiss Today to Learn About Your Options for Suing for Emotional Distress After a Traumatic Birth
Most parents have a vision of what their birth experience will be like. When that vision doesn’t come to fruition and emotional distress follows, you need to know where to turn for legal guidance and support.
At Anapol Weiss, we are here to answer your questions, including if you have a valid claim for emotional distress. We will investigate every aspect of your case, talk with expert witnesses, and collect pertinent evidence that supports your claims. We understand the emotional toll that a traumatic birth experience can have on new parents and we’re here to guide you through this process as you pursue justice.
You don’t have to face this battle alone. Let us shoulder the heavy burden so you can focus on what’s most important: your health and your baby. Give us a call today at 866-944-0553 or fill out our online contact form to schedule a free consultation. We routinely work with families in Philadelphia, Bristol, New Hope, Pittsburgh, Fox Chapel, Allentown, and throughout the state of Pennsylvania, as well as nationwide. We routinely represent families located in Ventura County, CA, Hennepin County, MN, New York County, NY, and beyond. No matter where you reside, Anapol Weiss will make your voice heard.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.