An injury during birth can send ripples through the lives of your child and your family. One error during delivery can mean cerebral palsy, Erb’s palsy, or several other conditions will be part of your child’s world for the rest of their life. If someone else’s negligence caused your child’s injury, you shouldn’t have to deal with the consequences alone.
A Pennsylvania birth injury lawyer can help you seek compensation for your damages. We know how to prove that you are the victim of insufficient medical care. One free consultation with our law firm could change your and your child’s lives forever.
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Common Birth Injuries
Something can go wrong at any stage of your child’s birth. If a healthcare provider makes even a slight mistake or fails to catch something wrong, it can create a lifelong ordeal for your child. Common types of birth injury include:
- Brain damage
- Spinal cord injury
- Cerebral palsy
- Erb’s palsy
- Brachial Plexus injury
- Bone fracture
- Nerve damage
- C-section injuries
- Cervical dystonia
If any of these happened to your child before, during, or after delivery, you may be the victim of medical malpractice. Our attorneys can meet with you to tell you what the next steps might be for your malpractice claim.
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What Causes Birth Injuries?
Sometimes, a birth injury is caused by a simple accident during a complicated delivery. Injuries during birth, however, are also often tied to medical malpractice.
When you are in the care of a medical professional, hospital, or even medical equipment manufacturer, they owe you a standard of care. That standard is what we can reasonably expect any caregiver to afford you. If someone along the line cannot meet that standard, also known as being negligent, then they are guilty of medical malpractice.
Common causes of birth injuries that may be tied to malpractice include:
- Oxygen deprivation
- Loss of blood flow
- Infection in the mother or child
- Forceful or mishandled removal from the birth canal
- Failure to diagnose a complication
- Failure to call for a necessary cesarean section
- Misuse of medical tools like forceps or vacuum extractors
A birth injury lawyer in Pennsylvania can gather evidence, including medical records and testimony from medical experts, to prove that your child’s injuries were caused by medical negligence. You’ll need solid evidence in your case to secure financial compensation for the consequences of your child’s birth injury.
Damages in Birth Injury Cases
Just like there are many ways your child’s delivery can go wrong, there are also many ways that a birth injury can affect your life after the fact. While some children heal quickly from their injuries and live healthily, some children who are injured at birth will experience repercussions for the rest of their lives.
In your malpractice case, the way to get compensation for medical negligence is to show specific damages that resulted from a breach of the standard of care. Damages in a birth injury case can include:
- Medical bills
- Physical therapy and other ongoing medical treatment
- Specialized equipment like wheelchairs
- Accessible modifications to your house and vehicle
- Lost wages due to childcare
- Pain and suffering
- Mental anguish
- Wrongful death
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How Damages Are Calculated in a Birth Injury Claim
You can recover damages you’ve already paid, as well as those that you’re likely to pay in the future. A lawyer from our firm will calculate all damages that you’ve suffered because of medical malpractice so you can get full compensation.Then they will give that number to the insurance company.
Often, insurance companies don’t want to pay you for all the damages in your case. In order to reduce your settlement, they’ll try to twist your words, trick, and bully you. Because of that, it helps to contact a lawyer before you talk to any insurance adjuster. Our malpractice lawyers have the experience necessary to know how to negotiate on your behalf.
How Long do I Have to Sue for a Birth Injury?
Pennsylvania’s statute of limitations for a birth injury are much longer than other states. According to Pennsylvania Statute 40 § 1303.513, you have until a minor’s twentieth birthday to bring forward a personal injury lawsuit. For parental injuries, the statute of limitations is two years.
While that time frame may seem generous, you shouldn’t wait that long to get in touch with a lawyer about your child’s birth injury. It is hard to prove wrongdoing if you file your claim too long after an incident. The sooner we can get to work gathering evidence and securing you compensation.
How do I Know If I Have a Case?
Not all birth injuries are caused by malpractice, but our lawyers can find out if you have a case or not by seeing if your case meets the four requirements for malpractice. We need to find out if your case appears to meet these requirements before we can accept it. They are:
- Who are the defendants and did they have a medical relationship with you?
- How did they break the standards of care for your baby’s treatment?
- Did that break cause your child’s injuries?
- How have the injuries affected your family, financially or non-financially?
The second and third are the hardest to prove. Doctors have leeway for making mistakes when they practice medicine. No doctor can prevent all injuries or deaths. The standards of care tell other doctors and the courts when a doctor’s actions go beyond accepted medical practice.
As part of your evaluation, you may need to see another doctor who can examine your child and give their opinion about what caused your baby’s injuries. If they agree that malpractice may have been the cause, then we can approach the court with your claim.
How Else Will You Help Me?
Besides helping you get compensation through a lawsuit, our birth injury attorneys in Pennsylvania can help you with things like:
- Avoiding bad settlement offers from insurers
- Helping you avoid actions that could put your compensation at risk
- Guide you to experienced doctors that know how to help your child
- Communicate with the insurers and the defendant on your behalf
Once you have a lawyer on your side, you can turn your attention to your child’s care instead of worrying about your claim. Let us take the burden of getting compensation for your child from you.
How Much does a Birth Injury Lawyer Cost?
We work on a contingency-fee basis, which means we don’t get paid unless you get compensation. The amount that you pay for a skilled birth injury attorney will depend on your situation. The scope of your case and the amount of compensation you’re likely to make will affect how much our team will earn.
When you hire one of our medical malpractice lawyers, you will agree on a certain percentage of your settlement that will go towards our fees. Once you win your claim, we will receive the check for your settlement. We’ll take out the agreed-upon amount, then send you the rest of your compensation so you can start a new chapter in your life.
Talk to an Experienced Birth Injury Attorney in Pennsylvania
Cerebral palsy and other associated conditions don’t have to define your family’s life. Treatments and accommodations are available, but the financial and emotional cost of caring for your child can be taxing. Financial compensation can turn your situation around.
The attorneys at Birth Injury Lawyer Group are waiting to review your case. Contact us today to get a free consultation so you can start on your birth injury lawsuit.