Welcoming a newborn baby is a memory you’ll cherish forever. The day you’ve waited and hoped for has finally arrived. However, moments of heartwarming bliss can quickly turn into your worst nightmare when birth asphyxia happens.
Is your child recovering from birth asphyxia? If so, help is available for you. Pennsylvania birth injury lawyers from the Birth Injury Lawyers Group can offer you expert legal advice at no cost with a FREE legal consultation. Speak to a Pennsylvania birth asphyxia attorney and learn if you could be eligible for compensation.
For a free legal consultation, call 1-800-222-9529
Birth Asphyxia & Wrongful Death in Pennsylvania
The day a child is born should never have to be spent signing death certificates or arranging a funeral. However, when doctors or other hospital staff wait or fail to act, birth asphyxia can claim the lives of healthy babies and mothers.
Birth asphyxia is one of the top causes of neonatal deaths in the United States. According to the World Health Organization (WHO), approximately 900,000 babies die annually from birth asphyxia. Many more are severely injured.
If you have lost a relative during childbirth, the Pennsylvania Consolidated Statutes Annotated code §8301 states that immediate family members may file for wrongful death in Pennsylvania. Immediate family of the deceased includes:
- Spouses
- Parents
- Children
If you are currently grieving the death of a wife or child after childbirth, don’t wait to get help. Hold guilty parties responsible for their careless behavior and file a wrongful death lawsuit in Pennsylvania with our birth asphyxia attorneys as soon as possible.
Pennsylvania Birth Asphyxia Lawyer Near Me 1-800-222-9529
How Long Can I Wait to File a Birth Injury Claim in Pennsylvania?
In every state, there is a limit to the time you can wait before you can no longer file a claim to collect damages. In Pennsylvania, according to 40 P.S. § 1303.513, parents may sue until the child reaches 20 years of age for birth-related injury. However, that limitation changes to two years when filing a wrongful death claim.
While the 20-year statute of limitation enables parents to wait to begin a lawsuit, it is advised to file a claim right away after your child is born. The sooner you do so, the easier it will be to collect evidence and hold negligent doctors and medical professionals accountable for their wrongful actions.
Click to contact our birth injury lawyers today
Was My Doctor Responsible for My Infant’s Birth Asphyxia?
Doctors are responsible for offering their patients the highest standard of care possible to avoid further injury or death. They must take action and prevent harm as soon as issues are detected. When the quality of care you receive does not meet expectations, hospital staff can be liable for damages.
When doctors fail to act correctly, your child suffers. Birth asphyxia attorneys in Pennsylvania can help you file a claim to hold responsible parties accountable for their actions. Examples of issues that can lead to birth asphyxia include but are not limited to:
- Failing to monitor fetal distress
- Waiting too long to perform a C-section
- Failing to care for umbilical cord issues
- Failing to monitor the mother during labor and delivery closely
- Failing to address shoulder dystocia
Complete a Free Case Evaluation form now
Why Should I Hire a Birth Asphyxia Attorney in Pennsylvania?
While you can prepare for labor and delivery, there are always things that can go wrong beyond your control. Ultimately, you must trust your doctor’s medical expertise. When doctors and other hospital staff do not meet the standards of care, severe harm or death can happen to healthy mothers and babies.
Our lawyers help families get justice for what has happened to their newborns and the trauma a stressful birth experience caused. We can offer expert legal advice and work to determine who is responsible for your child’s life-altering injury.
Our top-rated birth asphyxia lawyers can increase your chances of winning compensation to cover out-of-pocket expenses and continued medical care for your child. We will do the fighting for you so you can be where you’re needed most: with your child.
What Damages Could I Get From a Birth Asphyxia Case?
The reasons for compensation, called damages, must be tallied up before we make a civil claim against the hospital and doctors that let your baby suffer. The two main types of damages are economic and non-economic.
Economic damages are any financial cost you’ve suffered or will suffer related to the case. This includes your bills, but it also includes lost wages and many other things. Non-economic damages are intangible harms suffered by the baby such as pain and suffering or loss of enjoyment of life.
In cases where a child has died, you may be eligible for wrongful death damages to cover funeral expenses, final medical bills, and more. Wrongful death claims follow different laws from medical malpractice, so you will need to speak with our birth asphyxia attorneys in Pennsylvania to help you.
What Must My Lawyer Do to Win My Claim?
Four things are needed to win any medical malpractice claim and get compensation. We must prove:
- The medical relationship between the defendant and your baby.
- That the defendant acted against the standards of care for their profession and put your baby at risk for harm.
- That their negligent act caused your child’s injury
- The costs of your child’s injury and its effects on your family.
If all four are present, then we’ll have proved negligence and the defendant must pay. Once the insurers know that your doctor made a serious error, we will press our claim to get you the most money possible for what happened.
What Is Birth Asphyxia and Its Causes?
Birth asphyxia, or hypoxic-ischemic encephalopathy, happens when babies have restricted access to oxygen before, during, or after birth. Birth asphyxia can happen anytime; however, it commonly occurs close to delivery.
Birth asphyxia is a preventable birth injury that can cause severe harm or even death without swift care and medical attention. Doctors and other medical professionals are taught to look out for signs of birth asphyxia.
Telltale signs such as fetal distress, increased heart rate, and decreased fetal movement can indicate your unborn child may not be getting the oxygen they need to survive. Once the baby is born, doctors can identify birth asphyxia by the following factors:
- Slow heart rate
- Blue, gray, or pale skin
- Slow reflexes
- A low APGAR score
- A limp body
- Low levels of alertness
- Weak breathing
- Stool in the amniotic fluid
- Weak muscle tone
- Seizures
Hire a Birth Asphyxia Attorney in Pennsylvania
When birth asphyxia happens, your child’s life could be altered permanently. Get the funds you need to give your child the best life possible after a tragic birth injury by filing a claim for compensation with a Pennsylvania birth asphyxia attorney. We will fight hard to get the closure you need and deserve to move forward with your life.
Our top-rated birth injury lawyers from the Birth Injury Lawyers Group are well-equipped to win even the most complex birth asphyxia claims. We will go the extra mile to ensure your child receives the help they need to live the most normal life possible.
If you’re unsure how to move forward after a birth injury, a birth asphyxia attorney in Pennsylvania can help. Get a FREE legal consultation when you contact us.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form