top of page
Doctors_edited.jpg

Pennsylvania Birth Injury: $5.6 Million Verdict Against Midwife for Birth Errors and Privacy Breach

  • konradkociszewski
  • Oct 20
  • 6 min read

Key Takeaways

  • This article explores a significant birth injury case in Pennsylvania, detailing the legal ramifications for families affected by medical negligence during childbirth.

  • It answers critical questions about common birth injuries, the parties liable for negligence, and the roles of midwives and obstetricians.

  • The case discussed highlights the importance of accountability in medical settings, particularly for parents of children injured during birth.

  • It underscores the potential for midwives to be held equally liable as doctors in birth injury lawsuits, emphasizing the need for proper care and vigilance.

  • The article also discusses the emotional and financial challenges families face when seeking justice and compensation for Philadelphia birth injuries.

ree

Introduction

In the realm of childbirth, the stakes are incredibly high, and when negligence occurs, the consequences can be devastating. In Pennsylvania, a significant case has emerged that underscores the critical nature of medical care during labor and delivery. This case, initiated by two parents in 2020, culminated in a verdict announced on June 27, 2025, by a jury that awarded the family $5.6 million for the catastrophic injuries suffered by their child during birth. This landmark ruling sheds light on the complexities of Philadelphia birth injury lawsuits and the responsibilities of medical professionals, including obstetricians and midwives.

Birth injuries can take many forms, often resulting from medical errors during labor and delivery. Some of the most common Philadelphia birth injuries include brain damage, cerebral palsy, brachial plexus injuries, and fractures. These injuries can lead to lifelong disabilities and necessitate extensive medical care and support. Parents may have grounds for a birth injury lawsuit if it can be demonstrated that medical professionals did not meet the accepted standard of care, which includes recognizing and responding to warning signs of distress and properly managing the delivery process.

Midwives, who play a vital role in assisting births, have specific duties that include monitoring the mother and baby’s health, providing education, and managing unexpected complications. However, they can also be held liable for negligence if their actions or omissions result in harm. The case discussed in this article exemplifies these issues, highlighting the responsibilities of healthcare providers during one of life’s most critical events.

Case Overview

The case began in 2020 when the parents of a young girl filed a lawsuit against their delivering midwife and the Philadelphia-based Albert Einstein Medical Center. The child, who is now six years old, suffered severe brain damage and is nearly blind due to the alleged negligence during her birth. The details of this case reveal significant failures in medical practice that contributed to the child’s injuries.

During labor, healthcare providers reportedly failed to recognize two dangerous fetal positioning abnormalities, which led to the baby being in the wrong position for delivery. As contractions occurred, the baby's head was repeatedly crushed, resulting in irreversible brain damage. The lawsuit claimed that the midwife and the hospital were negligent in their care, failing to monitor the mother and child adequately and missing critical warning signs that could have prevented the injury.

To compound the distress, the midwife publicly shared a photo of the newborn's misshapen head on her personal Instagram account, along with private medical details about the birth. This invasion of privacy further traumatized the family, who had trusted the midwife to provide care and maintain confidentiality.

The case proceeded through the courts, with the jury ultimately finding the midwife and hospital liable for negligence, invasion of privacy, and breach of confidentiality. The verdict, which was announced in June 2025, awarded the family $5.6 million to address the extensive medical and care needs of their child.

The Legal Implications of the Case

This case is significant for several reasons. Firstly, it highlights the importance of accountability in medical settings, particularly regarding the care provided during labor and delivery. Parents entrust healthcare providers with the wellbeing of their children, and when that trust is violated, the repercussions can be lifelong. The verdict not only recognizes the suffering of the family but also sends a powerful message to medical professionals about the importance of adhering to established standards of care.

Additionally, the case underscores the potential for midwives to be held liable in Philadelphia birth injury lawsuits. While obstetricians are often the focus of such cases, midwives also have a crucial role in ensuring safe deliveries. This ruling reinforces the idea that all healthcare providers, regardless of their title, must act diligently and responsibly to protect the health and safety of mothers and their newborns.

The emotional and financial burdens faced by families in these situations cannot be overstated. When a child suffers a birth injury, the costs associated with medical care, therapy, and ongoing support can be astronomical. This case underscores the need for families to seek legal representation to navigate the complexities of medical malpractice claims. Our Pennsylvania birth injury lawyers are dedicated to helping families secure the compensation they deserve, allowing them to focus on their child's care and recovery.

Understanding Birth Injuries and Medical Negligence

Philadelphia birth injuries can result from various forms of medical negligence, including:

  • Failure to Timely Diagnose Complications: Medical providers may fail to recognize signs of distress in the mother or baby, leading to delayed interventions that could prevent injuries.

  • Improper Use of Delivery Tools: Incorrect use of forceps or vacuum extractors can cause physical harm to the baby.

  • Negligent Monitoring: Inadequate monitoring of fetal heart rates and maternal health can result in missed warning signs of potential complications.

  • Inadequate Training or Supervision: Healthcare providers must be properly trained to handle various delivery scenarios, and failure to do so can lead to negligence claims.

Common birth injuries linked to medical negligence include:

  • Cerebral Palsy: A group of disorders affecting movement and muscle tone, often caused by brain damage during or shortly after birth.

  • Brachial Plexus Injuries: Caused by damage to the network of nerves controlling the arm, often resulting from excessive pulling during delivery.

  • Broken Bones: Such as a fractured collarbone, which can occur during difficult deliveries.

  • Hypoxic-Ischemic Encephalopathy (HIE): A type of brain damage caused by oxygen deprivation during birth.

Families who believe they have been affected by medical negligence during childbirth should consult with a Pennsylvania birth injury lawyer to evaluate their case and explore their options for pursuing compensation.

The Role of Midwives in Birth Injury Cases

Midwives serve as an essential part of the healthcare system, assisting with labor and delivery, providing prenatal care, and offering support to families. They are trained to monitor the health of both the mother and the baby, recognize potential complications, and provide emergency care when necessary. However, like all healthcare providers, midwives must adhere to established standards of care. If they fail to do so, they can be held liable for any resulting injuries.

In this particular case, the midwife was found negligent for not detecting the dangerous fetal positioning abnormalities that led to the child's injuries. This highlights the critical nature of their role in ensuring safe deliveries. The expectation is that midwives will act with a level of competency and vigilance to protect the health of the mother and child.

Breach of Privacy: The Midwife's Unethical Disclosure

The midwife's decision to post a picture of the newborn with visible abnormalities on social media without the parents' permission was not only a violation of trust but a clear breach of ethical standards in the medical profession. Medical professionals are bound by strict rules regarding patient privacy and confidentiality, primarily governed by the Health Insurance Portability and Accountability Act (HIPAA). This law mandates that healthcare providers must protect patient information and requires explicit informed consent before disclosing any personal or medical details, including images. For the parents of the child, this breach was devastating, compounding their anguish during an already traumatic time. The emotional toll of having their child's vulnerabilities shared publicly, without their consent, led to further distress and anxiety. In cases involving minors, such as newborns, the requirement for parental or legal guardian consent is even more critical. Unauthorized disclosure can result in legal repercussions for healthcare providers, including lawsuits for invasion of privacy, emotional distress, and breach of confidentiality.

Trust and Confidentiality: The Role of Attorney-Client Privilege

In the realm of medical malpractice, maintaining confidentiality is paramount. As Philadelphia medical malpractice lawyers, we uphold the highest standards of attorney-client privilege, ensuring that any personal, medical, or confidential information shared with us remains protected. Our commitment to confidentiality means that we will never disclose your personal files, medical records, or any other sensitive information without your explicit informed consent. This trust is foundational to our relationship with clients, as we understand the vulnerability that comes with discussing personal and medical matters. Parents can trust our Hoover Medical Malpractice lawyers because we prioritize your privacy and well-being, working diligently to advocate for your rights while ensuring that your information is securely handled. Our reputation for integrity and dedication to our clients reinforces our commitment to protecting your interests and providing you with the support you need during challenging times.

Conclusion

The recent Pennsylvania birth injury case serves as a pivotal example of the legal landscape surrounding medical negligence during childbirth. It emphasizes the importance of accountability and the need for healthcare providers to uphold their duty of care. Families affected by Philadelphia birth injuries face significant emotional and financial challenges, but with the support of experienced legal professionals, they can seek justice and compensation for their suffering.

Our Pennsylvania birth injury attorneys are dedicated to advocating for families impacted by medical negligence, ensuring that their rights are protected and that they receive the support necessary to navigate the complexities of their situations. If you believe your child has suffered a birth injury due to medical negligence, it is crucial to seek legal representation to pursue the compensation you deserve.



 
 
 

Comments


2674903988

2133 Arch St.

Suite 103 Philadelphia, PA 19103

©2025 by the Hoover Medical Malpractice Law Firm, Philadelphia PA.

The information provided on this website should not be construed to be formal legal advice or the formation of an attorney client relationship.

bottom of page