Can Twins Have Separate Birth Injury Cases in PA?

Welcoming twins into the world is meant to be a joyful and memorable experience. However, when something goes wrong during labor and delivery due to medical negligence or malpractice, it can quickly become a traumatic ordeal. Birth injuries involving twins can be particularly complicated from both a medical and legal perspective, especially when each child suffers a different type or severity of injury.

In the state of Pennsylvania, families have the legal right to pursue compensation when medical professionals fail to meet the standard of care. Whether you’re dealing with cerebral palsy, Erb’s palsy, or another serious condition, understanding your options is the first step toward ensuring your children receive the care and support they need for the future.

 

What Constitutes a Birth Injury in Twins?

Birth injuries occur during labor or delivery and can result from mechanical trauma, oxygen deprivation, or medical intervention that is misapplied or delayed. These injuries are especially prevalent in multiple births because of the added complexity they introduce—such as irregular fetal positioning, umbilical cord complications, and longer labor duration.

When it comes to twins, the risk is compounded. One twin may be delivered safely, while the other suffers injury due to delays in the delivery process or mismanagement of complications like breech presentation or twin-to-twin transfusion syndrome.

Some of the most common injuries in twins include:

1. Cerebral Palsy – A neurological disorder caused by lack of oxygen to the brain, often resulting in long-term physical and cognitive disabilities.
2. Erb’s Palsy – A condition resulting from damage to the brachial plexus nerves, often due to forceful delivery or improper use of tools like forceps.
3. Intracranial Hemorrhage – Bleeding in or around the brain, which can result from trauma or pressure during birth.
4. Bone Fractures and Dislocations – These may occur when excessive force is applied during delivery, especially in complicated twin births.

Identifying a birth injury typically begins shortly after birth, but in some cases, symptoms may not become clear until the child begins to miss developmental milestones.

 

Was It Malpractice? Understanding Medical Negligence

It’s important to recognize that not every birth injury results from malpractice. In some cases, injuries can occur despite a medical team doing everything right. However, when the injury could have been prevented through proper monitoring, faster decision-making, or adherence to established protocols, you may have grounds for a malpractice lawsuit.

In Pennsylvania, a medical malpractice case hinges on three key factors:

1. Deviation from the Standard of Care – This refers to the actions (or inactions) of medical professionals that fall below accepted norms. For instance, failing to perform a timely C-section when fetal distress is evident would likely qualify.
2. Causation – There must be a direct link between the negligent behavior and the injury sustained. If the injury was inevitable regardless of actions taken, malpractice cannot be proven.
3. Damages – This includes both economic damages (medical bills, therapy costs, etc.) and non-economic damages (pain, suffering, loss of life quality).

For twins, proving malpractice can be even more complex because each child may have a different experience during delivery. The physician’s decision-making and actions must be scrutinized for both babies individually.

 

Can You File Separate Lawsuits for Each Twin in PA?

Yes. In Pennsylvania, each child is considered a separate legal entity with their own rights. This means that parents can file separate lawsuits for each twin if they have suffered distinct injuries. This approach is often necessary when one twin suffers more severe or lasting damage than the other.

For example, if Twin A is diagnosed with mild physical impairments while Twin B has a severe case of cerebral palsy requiring lifetime care, their cases will involve vastly different calculations for damages and long-term needs. Filing separately allows for individualized arguments, evidence, and compensation outcomes.

However, some families choose to file jointly—especially if the injuries are similar or if combining the cases may expedite the legal process. It’s important to speak with a legal professional to understand the pros and cons of each approach for your specific situation.

 

Understanding How Pennsylvania Law Establishes Liability

Liability in a birth injury case must be established with evidence that shows the provider’s actions directly led to the injury. This is typically done through an investigation that includes reviewing medical records, interviewing witnesses, and obtaining expert opinions from professionals in obstetrics and neonatology.

In twin birth cases, the complexity increases because multiple healthcare providers may have been involved—such as a delivery team, anesthesiologist, and neonatal intensive care staff. The hospital may also be held liable under what’s called “vicarious liability,” meaning it is responsible for the actions of its employees.

Examples of negligent actions that could lead to liability include:

1. Failure to monitor both fetuses adequately during labor
2. Ignoring signs of distress in one twin
3. Improper use of birth-assisting tools
4. Delay in ordering or performing a C-section
5. Inadequate planning for a high-risk multiple birth

Determining liability often requires the assistance of seasoned legal and medical experts who can identify where and how care fell short.

 

Compensation Structures: Joint vs. Separate Settlements

When pursuing legal action, one of the most important questions to consider is how compensation will be structured. In joint lawsuits, a lump sum may be awarded and then allocated between the two children based on need. In separate lawsuits, each child’s damages are assessed and compensated independently.

This distinction is critical because not all injuries are created equal. One twin may need lifelong care, including specialized housing, therapy, and medical equipment, while the other may need only short-term treatment. Filing separately often leads to a more accurate and equitable outcome.

Types of compensation include:

1. Medical Expenses: Hospital bills, surgeries, physical and occupational therapy
2. Educational Support: Special education resources and learning aids
3. Home Modifications: Ramps, lifts, and other accessibility changes
4. Future Lost Income: Compensation for the child’s inability to work in adulthood
5. Emotional Distress: For the parents and potentially the child, depending on the nature of the injury

Accurately calculating these costs is essential for ensuring that your children are supported both now and in the future.

 

Hiring the Right Birth Injury Attorney in Pennsylvania

Birth injury lawsuits involving twins are some of the most challenging cases in medical malpractice law. They require an attorney who not only understands the medical aspects of birth injuries but also has experience managing complex litigation involving multiple plaintiffs.

Key qualities to look for in an attorney include:

1. A proven track record in twin or multiple birth injury cases
2. In-depth knowledge of neonatal and obstetric malpractice law
3. Strong network of expert witnesses in the medical field
4. Ability to handle emotionally sensitive cases with compassion and professionalism

During your consultation, ask potential attorneys whether they have handled cases like yours, how they recommend structuring your claim (joint vs. separate), and what outcomes they’ve achieved for similar clients.

 

The Legal Process: What to Expect in Pennsylvania

Understanding the legal process can ease some of the stress of pursuing a lawsuit. Here’s how a typical case might proceed:

1. Initial Consultation – This is your opportunity to share your story and find out whether you have a valid case.
2. Case Review and Investigation – Your attorney will collect and analyze medical records, interview witnesses, and consult with medical experts.
3. Filing the Lawsuit – Depending on the circumstances, you may file jointly or separately.
4. Discovery Phase – Both sides exchange information, including depositions and documentation.
5. Negotiation or Trial – Most cases settle out of court, but your attorney should be prepared to go to trial if needed.

It’s important to note that Pennsylvania generally enforces a two-year statute of limitations from the date the injury was discovered (or reasonably should have been discovered). However, since these cases involve minors, the timeline may be extended, so it’s best to speak to a lawyer immediately.

 

Frequently Asked Questions

Can I file two separate lawsuits if both of my twins were injured during birth?
Yes, in Pennsylvania you are legally allowed to file separate lawsuits for each child. This is especially common when the twins have experienced different types or severities of injuries. Since each child is considered an individual under the law, their cases can be treated independently. Filing separately allows for tailored compensation that reflects each child’s unique medical needs and long-term care requirements.

What happens if only one twin was injured—can I still sue?
Absolutely. If only one child suffered a birth injury due to medical negligence, you can pursue a claim solely on behalf of that child. The fact that one twin is healthy does not impact your ability to seek compensation for the injured child. In such cases, your legal claim will focus on the individual circumstances and damages related to that one injury.

Is it better to file a joint lawsuit or separate lawsuits when both twins are injured?
The answer depends on the specifics of each injury. Joint lawsuits can simplify the legal process and reduce litigation costs if the injuries are similar and stem from the same negligent event. However, if the injuries are significantly different—such as one twin requiring lifelong care and the other facing only short-term issues—filing separate lawsuits can allow for more accurate, individualized compensation. A knowledgeable attorney can help you assess which option is best for your case.

Can twins receive separate compensation, even if we file a joint lawsuit?
Yes, even within a joint lawsuit, courts can allocate damages separately based on each twin’s individual needs. That said, filing separately may give your legal team more flexibility in presenting detailed evidence for each child and negotiating settlement terms that reflect distinct outcomes. Separate filings may also avoid complications that can arise when one child’s case is stronger or more clearly documented than the other’s.

What if I’m unsure whether malpractice actually occurred?
You don’t need to have all the answers before speaking with a lawyer. If you suspect that something went wrong during your twins’ delivery and believe it resulted in harm, a birth injury attorney can conduct a thorough investigation. This includes reviewing medical records, consulting with medical experts, and determining whether the standard of care was breached. Don’t let uncertainty keep you from seeking advice—you may still have a valid case.

 

Final Thoughts: Why Legal Action Matters

Pursuing a birth injury lawsuit isn’t just about seeking financial compensation—it’s about accountability, justice, and providing your children with the resources they need to thrive. When twins are affected, the stakes are even higher. You deserve answers, support, and a legal team that understands the challenges ahead.

 

Contact Matzus Law, LLC Today

If your twins suffered injuries during childbirth, you may be entitled to compensation that can support their medical care, education, and future independence. Contact Matzus Law, LLC today to explore your legal options. Our qualified lawyer can assess your case, help you decide between joint and separate lawsuits, and fight for the full compensation your family deserves.

Don’t wait—consulting with a knowledgeable attorney is the first step toward justice for your children.