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Birth injuries can be life-altering for both the child and their family. If a healthcare provider’s negligence caused harm to your newborn, you may be eligible to file a birth injury lawsuit in Pennsylvania. Understanding the legal process, the types of birth injuries, and how to seek compensation can help you take the necessary steps to protect your child’s future.
This guide will provide you with an in-depth look at birth injury cases, including causes, legal requirements, filing procedures, and how to choose the right attorney to represent your case.
A birth injury is any physical harm or medical condition that occurs during labor or delivery. Some injuries are minor and heal on their own, but others can lead to severe disabilities that affect a child’s quality of life. In many cases, birth injuries are preventable and occur due to medical negligence by doctors, nurses, or hospital staff.
How Birth Injuries Differ from Birth Defects
It is important to distinguish between birth injuries and birth defects. Birth defects typically develop during pregnancy due to genetic factors or environmental influences, while birth injuries occur due to complications during delivery or labor mismanagement. If a medical error led to your child’s injury, you may have grounds for a legal claim.
Some of the most common birth injuries resulting from medical negligence include:
1. Cerebral Palsy
Cerebral palsy is a lifelong condition caused by brain damage due to oxygen deprivation. It can lead to motor impairments, difficulty with muscle coordination, and developmental delays.
2. Erb’s Palsy
Erb’s palsy occurs when the baby’s shoulder nerves are damaged during delivery, often due to excessive pulling or force. This injury can cause limited arm movement or even permanent paralysis in severe cases.
3. Hypoxic-Ischemic Encephalopathy (HIE)
HIE is a serious brain injury caused by insufficient oxygen flow to the baby’s brain. It can lead to long-term cognitive disabilities, seizures, and motor function impairment.
4. Fetal Distress Injuries
Fetal distress injuries happen when medical staff fail to monitor the baby’s vital signs, leading to delayed intervention. This can result in oxygen deprivation, brain damage, or stillbirth.
5. Bone Fractures
Newborns can suffer broken bones, especially in cases where excessive force is used during delivery. Skull fractures or collarbone breaks may occur due to improper use of medical tools like forceps or vacuum extractors.
Medical negligence is a common cause of birth injuries. If a healthcare provider fails to act according to accepted medical standards, their mistakes can lead to severe harm.
Failure to Monitor Fetal Distress
Doctors and nurses must continuously monitor the baby’s heart rate and oxygen levels during labor. If signs of distress are ignored or misinterpreted, necessary interventions may be delayed, increasing the risk of injury.
Delayed Emergency C-Section
When complications arise, an emergency C-section may be required to prevent harm to the baby. A delay in performing this procedure can lead to oxygen deprivation and permanent brain damage.
Improper Use of Delivery Tools
Forceps and vacuum extractors are sometimes used to assist with difficult deliveries. When used incorrectly, these tools can cause skull fractures, brain hemorrhages, and nerve damage.
Excessive Force During Delivery
Doctors must be cautious when handling newborns, especially in complicated deliveries. Excessive pulling or twisting can cause nerve injuries such as Erb’s palsy or damage to the baby’s spinal cord.
Not all birth injuries are caused by medical malpractice, so it is essential to determine whether your case meets the legal criteria for a lawsuit.
To establish a strong legal case, you must prove the following four elements:
1. A Doctor-Patient Relationship Existed
You must demonstrate that the healthcare provider was responsible for your medical care and your child’s delivery.
2. Breach of Standard of Care
Medical professionals are required to follow established healthcare standards. If a doctor fails to act according to those standards, it may be considered negligence.
3. Causation
You must prove that the healthcare provider’s actions (or failure to act) directly caused the birth injury.
4. Damages
The injury must have resulted in measurable harm, such as medical expenses, disability, or emotional distress.
If these elements are met, you may be eligible to file a lawsuit against the responsible medical provider.
Filing a birth injury lawsuit can be a complex process, but an experienced attorney can guide you through each step.
1. Consult a Birth Injury Attorney
The first step is to contact a lawyer who specializes in birth injury cases. They will evaluate the details of your case and determine whether you have a valid claim.
2. Gather Medical Records and Evidence
Your attorney will collect medical records, expert opinions, and other evidence needed to prove that negligence occurred.
3. File the Lawsuit Within Pennsylvania’s Statute of Limitations
In Pennsylvania, birth injury lawsuits must be filed within two years from the date of injury. However, in cases where the injury was not immediately apparent, the deadline may be extended until the child’s 18th birthday.
4. Negotiate a Settlement or Go to Trial
Many birth injury cases are settled out of court, but if an agreement cannot be reached, your case may proceed to trial.
The compensation awarded in a birth injury lawsuit depends on several factors, including the severity of the injury and future medical expenses.
Types of Compensation Available
Families may be eligible for financial compensation to cover:
Average Birth Injury Settlements in Pennsylvania
While each case is different, birth injury settlements often range from $500,000 to several million dollars. Some cases involving severe conditions like cerebral palsy have resulted in multi-million-dollar payouts.
Choosing the right attorney is crucial in securing the compensation you deserve.
Qualities to Look for in a Birth Injury Attorney
An experienced birth injury lawyer should have a strong track record of handling medical malpractice cases, a history of high settlement amounts, and a deep understanding of Pennsylvania’s birth injury laws. Many lawyers offer free consultations and work on a contingency fee basis, meaning you only pay if they win your case.
How much does it cost to hire a birth injury lawyer in Pennsylvania?
Most birth injury attorneys work on a contingency fee basis, which means you do not have to pay any upfront costs. Instead, the lawyer only gets paid if they win your case. Their fees are typically a percentage of the final settlement or court award. This allows families to pursue legal action without worrying about the financial burden of hiring an attorney.
How long do I have to file a birth injury lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for medical malpractice cases, including birth injuries, is generally two years from the date the injury was discovered. However, if the injury is not immediately apparent, the deadline may be extended. For birth injury cases involving minors, the law allows parents to file a claim on behalf of the child, and in some situations, the child can file a lawsuit before turning 20. Because the legal timeline can be complicated, it is best to consult an attorney as soon as possible to ensure your case is filed within the appropriate timeframe.
What kind of compensation can I receive in a birth injury lawsuit?
Compensation in a birth injury lawsuit typically covers both economic and non-economic damages. Economic damages include medical expenses, rehabilitation costs, special education needs, and lost future wages if the child’s ability to work is affected. Non-economic damages include pain and suffering, emotional distress, and diminished quality of life. In cases of extreme negligence, punitive damages may also be awarded to punish the responsible party and deter future malpractice.
What if the hospital or doctor denies responsibility for the birth injury?
Hospitals, doctors, and insurance companies often deny liability in birth injury cases. They may argue that the injury was an unavoidable complication rather than the result of negligence. This is why medical expert testimony is essential in proving that the healthcare provider failed to follow the proper standard of care. A skilled birth injury attorney will gather medical records, hire expert witnesses, and build a strong case to counter any denials of responsibility.
Will my birth injury case go to trial?
Many birth injury cases are settled outside of court through negotiations with the hospital’s insurance company. However, if a fair settlement cannot be reached, the case may go to trial. Going to trial can extend the timeline of the lawsuit, but it may also result in higher compensation if the court finds in favor of the plaintiff. Your attorney will advise you on the best course of action based on the specific details of your case.
If your child suffered a birth injury due to medical negligence, legal action can help you secure the compensation needed for their medical care and long-term support. Holding healthcare providers accountable can also help prevent similar incidents from happening to other families.
To learn more about your legal options, contact Matzus Law, LLC today for a free case evaluation. Taking action now can make a significant difference in your child’s future.
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