Neonatal injuries can ruin the joyous occasion of welcoming a new member into the family. If your child has been injured due to medical malpractice, a birth injury lawyer can help you pursue damages.
The emotional and financial toll of a neonatal injury can be debilitating. During a challenging time like this, the prospect of filing a claim can be daunting.
Since 2003, Birth Injury Lawyers Group has recovered over $750 million for families like yours. If your child has been injured due to a medical professional’s negligence, a Philadelphia birth injury lawyer from our team can help you pursue compensation for your losses.
Why Hire a Birth Injury Lawyer?
Infant injury cases can be complex. A seasoned attorney can:
- Investigate the circumstances surrounding the injury
- Gather and interpret medical records
- Consult with medical experts
- Build a compelling case
- Handle negotiations with insurance companies
- Represent you in court if needed
An experienced birth injury lawyer in Philadelphia can improve your odds of receiving fair compensation and hold all negligent parties accountable.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Types of Birth Injury Cases We Handle
- Philadelphia Cerebral Palsy Lawyer: Cerebral palsy often requires a lifetime of specialized care. We can help pursue damages to cover those costs.
- Philadelphia Birth Asphyxia Lawyer: Birth asphyxia can result in permanent brain damage. Our team can hold the negligent parties accountable.
- Philadelphia Brain Damage Lawyer: Brain damage during birth can affect memory, behavior, and basic life functions. We can fight to recover damages for your child’s long-term needs.
- Philadelphia Brain Ischemia Lawyer: Brain ischemia can have lasting consequences. We can work tirelessly to secure justice for your family.
- Philadelphia Erb’s Palsy Lawyer: Erb’s palsy can result in weakness or paralysis in a child’s arm. Our lawyers can help fight for your family’s rights.
- Philadelphia Hypoxic Ischemic Encephalopathy (HIE) Lawyer: HIE is a serious condition that can cause developmental delays, seizures, and long-term disability. We can help pursue the compensation your family needs.
- Philadelphia Newborn Brain Hemorrhage Lawyer: Brain hemorrhages in newborns can be caused by traumatic deliveries or the misuse of delivery tools. We can investigate the incident and advocate for your child’s well-being.
- Philadelphia Umbilical Cord Birth Injury Lawyer: Complications with the umbilical cord can lead to severe injuries. We can hold the negligent parties accountable.
Philadelphia Birth Injury Lawyer Near Me (800) 222-9529
How Do I Know if I Have a Birth Injury Case?
If you’re unsure whether your child’s condition was caused by negligence, there are some critical signs to look out for. You may have a case if:
- There were unexpected complications during labor or delivery that were not properly addressed by the medical staff.
- Your child was diagnosed with a serious condition such as cerebral palsy, HIE, or another neurological or physical impairment shortly after being born.
- You suspect that medical professionals acted negligently or failed to provide an acceptable standard of care during pregnancy, labor, or delivery.
- You have unanswered questions about what happened before, during, or after your child’s birth that a hospital has not clearly explained.
The best way to determine whether you have a claim is by consulting a knowledgeable attorney. Our team can review your medical records, consult with experts, and help decide if you have a viable case.
"We know first-hand what you are going through."
What Types of Damages Can You Recover in a Birth Injury Case?
The families of injured infants may be entitled to various types of damages, including:
- Medical expenses: These include the costs of past, present, and future treatment, such as hospital stays, surgeries, medications, and follow-up care.
- Rehabilitation costs: These are expenses related to physical, occupational, or speech therapy that may be necessary to help the child achieve certain developmental milestones.
- Pain and suffering: This refers to the emotional and physical pain experienced by the child and family as a result of the injury and its long-term impact.
- Loss of future earnings: If the child will be unable to work or earn a sustainable income due to the injury, this compensation will account for those lost opportunities.
A birth injury attorney in Philadelphia can calculate your family’s damages to ensure you’re fairly compensated.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
How Much Compensation Can You Get for a Birth Injury?
Settlements in this kind of case can be worth anywhere from hundreds of thousands to several million dollars. Factors that can affect the value of a settlement include the severity of the injury, the long-term impact, and the evidence presented.
An experienced attorney can evaluate your case and provide a more precise estimate.
What Is the Statute of Limitations for Birth Injury Claims in Pennsylvania?
In Pennsylvania, the statute of limitations for this kind of claim varies depending on who files it. Parents generally have two years from the date they knew or should have known about the injury, while the child typically has until their 20th birthday.
Delays could jeopardize your case. For this reason, it’s crucial to consult a lawyer as soon as you identify the injury.
How Does the Birth Injury Lawsuit Process Work?
The process for this kind of lawsuit typically involves the following steps:
- Consultation: Meet with an attorney to evaluate your case.
- Investigation: The lawyer gathers medical records, consults experts, and examines hospital protocols.
- Filing a complaint: A formal lawsuit is filed against the negligent parties.
- Discovery: Both sides exchange information and evidence.
- Negotiation or trial: Your attorney may negotiate a settlement on your behalf. If a fair settlement can’t be agreed upon, your lawyer will fight for your family’s rights in court.
Who Can Be Held Liable for a Birth Injury?
Several parties can be held legally responsible for a neonatal injury, including:
- Doctors and obstetricians: These professionals can be held liable if they fail to monitor the fetus, misuse delivery tools, or delay necessary medical interventions.
- Nurses and medical staff: These employees can be held liable if they do not follow established medical protocols or fail to communicate critical information during labor or delivery.
- Hospitals and medical facilities: These institutions can be held accountable for employing negligent personnel, providing substandard care, or failing to maintain a safe environment.
- Pharmaceutical companies: In rare cases, these companies can be held liable if a defective medication given during pregnancy or labor contributed to the injury.
Determining liability requires a thorough investigation of the incident, as well as expert analysis. An attorney can handle this for you.
How Does a Birth Injury Attorney in Philadelphia Prove Negligence in a Birth Injury Case?
To prove negligence in this kind of case, your attorney must establish four key elements:
- Duty of care: The healthcare provider owed you a duty of care.
- Breach of duty: That provider failed to meet the standard of care.
- Causation: The breach directly caused the injury.
- Damages: The injury resulted in measurable harm.
Expert medical testimony is often critical in demonstrating how the medical care fell short of acceptable standards.
What Is a Birth Injury?
A birth injury is any harm to a baby that occurs during the process of childbirth. This kind of harm is typically caused by physical trauma or medical negligence.
What Is the Difference Between a Birth Defect and a Birth Injury?
Birth injuries and birth defects have distinct definitions:
- Birth defect: A structural or functional abnormality present at birth, often caused by genetics or environmental factors during pregnancy.
- Birth injury: Harm resulting from mechanical trauma or medical negligence during labor or delivery.
Understanding this distinction is essential to determining whether you have a valid malpractice claim.
What Are the Signs of a Birth Injury?
Signs of a birth injury can vary widely, but they may include:
- Lack of muscle tone or poor reflexes
- Difficulty breathing
- Seizures
- Feeding difficulties
- Delayed developmental milestones
- Unusual stiffness or limpness in limbs
Early detection and intervention are critical. If you notice any of these symptoms, be sure to visit a doctor and consult a lawyer.
What Are the Most Serious Types of Birth Injuries?
Some neonatal injuries can have lifelong consequences. The most severe forms of trauma a newborn can suffer include:
- Hypoxic-ischemic encephalopathy (HIE): Caused by oxygen deprivation and limited blood flow to the brain, HIE can result in cognitive impairment, physical disabilities, and seizure disorders.
- Cerebral palsy: A group of disorders affecting movement and posture, cerebral palsy often requires lifelong therapy, adaptive equipment, and personal care.
- Severe brain hemorrhages: Bleeding in the brain can cause permanent damage to cognitive and motor functions, often requiring surgical intervention and long-term treatment.
- Spinal cord injuries: This type of injury can lead to permanent paralysis and loss of motor function.
- Skull fractures and traumatic brain injuries: Often caused by excessive force during delivery, these injuries can result in permanent disability or developmental delays.
Do Birth Injuries Cause Mental Disabilities?
Yes, certain birth injuries can cause mental or cognitive disabilities. Conditions such as HIE, cerebral palsy, and traumatic brain injuries can interfere with brain development, resulting in learning disorders and behavioral challenges.
Can a Mother Suffer From a Birth Injury?
Yes, birth injuries can affect mothers as well. Common maternal injuries include:
- Vaginal or perineal tears
- Uterine rupture
- Nerve damage
- Infections due to unsanitary procedures
- Emotional trauma or PTSD from a traumatic birth experience
If medical negligence caused these injuries, the mother may also be entitled to compensation.
How Do I Know if My Child’s Cerebral Palsy Was Caused By Medical Malpractice?
Cerebral palsy can be caused by brain damage during birth due to oxygen deprivation, improper use of delivery tools, or failure to monitor fetal distress. If you suspect that medical negligence has caused your child’s cerebral palsy, an experienced lawyer can investigate on your behalf.
How Can a Birth Injury Affect Your Child’s Future?
The consequences of a neonatal injury can be lifelong. They often include:
- Physical disabilities
- Cognitive impairments
- Speech and language difficulties
- Emotional and behavioral challenges
- Ongoing medical and educational support needs
These challenges can be emotionally and financially draining for families. Filing a lawsuit with the help of a Philadelphia birth injury lawyer can help you secure the resources you need to support your child’s development.
Common Causes of Birth Injuries
Neonatal injuries may result from:
- Delayed C-sections
- Misuse of forceps or vacuum extractors
- Failure to monitor fetal distress
- Improper administration of medication
- Negligent prenatal care
- Failure to diagnose and treat infections
You must understand the cause of your child’s injury to determine whether you have a viable case.
What Should I Do if My Baby Was Injured at Birth?
If you believe your baby has suffered an injury, it’s essential to take immediate action to protect their well-being and legal rights. Specifically, you should follow these steps:
- Seek immediate medical care: Your first priority should be to visit a healthcare professional and ensure your baby receives proper medical treatment.
- Document everything: Keep detailed records of the injury, including medical reports, photographs, and any correspondence with healthcare providers.
- Consult a lawyer: Speak with an attorney as soon as possible. They can evaluate your case, guide you on how to proceed, and help you understand your legal options.
- Listen to your doctor: Adhering to your doctor’s guidance does more than support your child’s recovery. It will also strengthen your legal case by showing that you took all necessary steps to address the injury.
Contact a Philadelphia Birth Injury Attorney Today
Neonatal injuries are life-altering events, casting shadows on a time meant for joy and celebration. While no legal action can undo the pain, filing a claim can provide a path to justice, answers, and vital resources.
If you or your loved one is grappling with the aftermath of a neonatal injury, you don’t need to take on the legal maze alone. A knowledgeable Philadelphia birth injury attorney from Birth Injury Lawyers Group can take on your case and pursue justice for your family.
Don’t wait to seek justice. Schedule a free consultation today to discuss your situation and learn about your legal options.
"We are committed to helping families who have suffered medical negligence."