Working With a Birth Injury Lawyer in Pennsylvania
Birth injury lawyers help families with children who were harmed by negligent doctors take legal action. These lawyers are a subset of personal injury medical malpractice attorneys. The main goal of these attorneys is to secure compensation for your child’s treatment expenses and other medical bills.
Children with birth injuries often require medical treatment throughout their lifetime. Common forms of treatment include surgery, medication, speech therapy, occupational therapy, physical therapy, and more.
According to the Centers for Disease Control and Prevention (CDC), the estimated cost to care for a child diagnosed with cerebral palsy is $1 million.
A Pennsylvania birth injury lawyer will strive to make the legal process as stress-free as possible. They will file your medical malpractice case, collect relevant evidence, strengthen your claim, and work to get the most money possible for you.
We have helped families near you.
Our partner law firms can work with families in:
- New Castle
- Valley Forge
- Other cities
You may qualify for financial compensation if your child suffered from a birth injury due to medical negligence. Get a free case review today to see if you are eligible to work with a Pennsylvania personal injury lawyer.
Birth Injuries and Medical Negligence
Medical negligence can occur when doctors, nurses, or other health care providers make mistakes during childbirth. These preventable errors can lead to birth injuries and lifelong disabilities for the child.
Any of the following can cause several types of birth injuries:
- Failure to detect signs of fetal distress or abnormal heart rate
- Failure to perform a timely C-section (cesarean section)
- Failure to treat or detect oxygen deprivation (hypoxia)
- Improper use of forceps or vacuum extractors
- Use of excessive force when pulling the baby’s arms, shoulders, neck, head, etc.
Thankfully, you may be able to file a lawsuit with a Pennsylvania birth injury attorney if your child’s birth trauma was a case of medical malpractice.
Types of Cases Pennsylvania Birth Injury Attorneys Work On
Pennsylvania birth injury lawyers handle many cases involving medical malpractice. This type of lawsuit is filed against the medical team that delivered your child and possibly caused their injury.
Pennsylvania lawyers have worked on cases involving:
- Brain damage
- Caput succedaneum
- Cerebral palsy
- Cervical dystonia
- C-section injuries
- Erb’s palsy and other brachial plexus injuries
- Forceps delivery injuries
- Infant torticollis (twisted neck)
- Intrauterine fetal demise
- Klumpke’s palsy
- Maternal infections
- Meconium aspiration syndrome (MAS)
- Newborn cephalohematoma
- Newborn jaundice
- Vacuum extraction injuries
- Other injuries
If your child developed any of the injuries above — or others — due to the negligence of a doctor, you may qualify to file a medical malpractice lawsuit. Talk with one of our trusted registered nurses to see if your child’s injury was preventable.
Notable Birth Injury Settlements in Pennsylvania
Most birth injury medical malpractice claims are resolved with a settlement. A settlement is a lump sum of money paid out to the family that filed the lawsuit (plaintiff) from the doctor and/or hospital that caused the birth injury (defendant).
In some cases, though, birth injury claims won’t be settled out of court and instead will move on to a trial. A judge or jury will hear both arguments in court and determine if the defendants are responsible for the child’s condition.
Top Pennsylvania birth injury attorneys prefer to reach a settlement agreement since trials can be time-consuming and costly. Trials can also be very risky because families may not win any compensation at all if the court finds the defendant not guilty.
Notable Pennsylvania settlements and verdicts include:
- $42 million verdict for a brain injury
- $19.5 million settlement for delayed birth leading to a brain injury
- $7.27 million verdict for a birth injury caused by medical malpractice
- $2 million settlement for delayed childbirth leading to a brain injury
- $1 million settlement for failure to monitor and delayed childbirth
When to File a Birth Injury Lawsuit in Pennsylvania
It is incredibly important that you get in contact with a Pennsylvania birth injury attorney as quickly as possible. Each state has a statute of limitations that places a time limit on how long you have to file your lawsuit.
|PA Statute of Limitations for Birth Injuries||PA Statute of Limitations for Infant Wrongful Death|
|2 years||2 years|
It is crucial to consult with a Pennsylvania birth injury attorney even if your child has not been officially diagnosed with a birth injury yet. Experienced attorneys can see if your child’s injury was caused by medical negligence and ensure your claim is filed in a timely manner.
If you do not file your medical malpractice lawsuit on time, you may lose your right to sue forever — meaning you can’t get legal birth injury compensation.
Get a free consultation to see if you can work with a Pennsylvania birth trauma lawyer even if you think the statute of limitations has run out – there may be exceptions or other compensation options available.
Get Help from a Birth Injury Lawyer in Pennsylvania
Many cases of birth injuries could have been prevented with quality medical care. Doctors, nurses, and other medical professionals have a duty to meet a standard of care and safely deliver babies.
Unfortunately, careless mistakes during the birthing process can cause devastating injuries and a lifetime of medical treatment. Thankfully, there are ways your family can afford the treatment your child deserves.
If you suspect your child suffered from a birth injury caused by medical negligence, you may qualify for financial compensation. Get a free case review today to see if you can work with a Pennsylvania birth injury lawyer and take legal action.
Pennsylvania Birth Injury Lawyer FAQs
What is the statute of limitations on birth injury claims in Pennsylvania?
Pennsylvania allows 2 years to file a birth injury medical malpractice lawsuit and 2 years to file an infant wrongful death lawsuit.
Due to the statute of limitations on birth injury cases, it is important to take legal action as soon as possible. If time runs out, you won’t be able to get money from your claim.
How much do Pennsylvania birth injury lawyers cost?
Top Pennsylvania birth injury attorneys do not charge any upfront fees and should come at no cost to you.
Birth injury attorneys work on a contingency fee basis and do not require payment unless you win financial compensation from your lawsuit. Your lawyer will then collect a small portion from your overall winnings to cover legal fees.
How do I know if my child’s birth injury was caused by medical negligence?
The best way to find out if your child’s injury was caused by medical negligence is to get a free case review from an experienced attorney. Pennsylvania birth injury attorneys have the resources and expertise to determine if you have a valid case.
Get a free case review today to see if you are eligible to file a lawsuit.