For many families in Pennsylvania, the birth of a child is a joyous occasion—but some of our clients at Samuel Anyan Attorney At Law faced serious complications during the birthing process that turned into lifelong consequences for their children. If you or your loved ones were affected by a catastrophic birth injury in Pennsylvania that affected your child, you need reliable information about your legal options and rights. Let us tell you what you need to know.
How Do You Qualify for a Catastrophic Birth Injury?
Catastrophic birth injuries occur when a newborn child suffers severe trauma occurring during labor and delivery, which results in significant long-term disability or impairment. Cerebral palsy, brachial plexus injuries (Erb’s palsy), hypoxic-ischemic encephalopathy (HIE), spinal cord damage, and skull fractures all fall into this category. Minor birth injuries can heal quickly, but in the case of catastrophic injuries, families often need to pay for lifelong medical care, rehabilitation services, and specialized equipment—and these costs can potentially reach millions of dollars.
What Are the Common Causes of Catastrophic Birth Injuries in Pennsylvania?
A doctor’s or nurse’s medical negligence or malpractice can contribute to your child’s birth injury. This negligence can look like a failure to monitor fetal distress signals, an improper use of delivery tools like forceps or vacuum extractors, a delayed or untimely cesarean section, the administration of improper medication, and a failure to diagnose and treat maternal infections or conditions. Risk factors like prolonged labor, abnormal fetal positioning, various maternal health conditions, premature birth, and high birth weight can also play a role in developing birth injuries.
How Do You Know if Medical Negligence Caused Your Child’s Birth Injury?
Medical negligence occurs if your healthcare providers deviate from the standard of care expected in similar circumstances or if they fail to act with the same skill and competence as their reasonably capable peers would under similar conditions. It is difficult to tell definitively if a doctor or nurse engaged in medical malpractice or negligence on the spot. However, if your medical team suddenly performs unexpected emergency procedures during delivery, changes your delivery plan significantly without a clear explanation, hurries or rushes during the labor process, or calls for additional assistance, these may indicate medical negligence that warranted quick responsive action.
What Legal Options Are Available to Pennsylvania Families Affected by Birth Injuries?
Pennsylvania law permits families to pursue legal recourse and compensation when their loved ones suffer from catastrophic birth injuries due to medical malpractice or negligence. Families can use this compensation to cover past and future medical expenses, rehabilitation costs, adaptive equipment, special education needs for their child, and lost earning capacity. Generally speaking, families in Pennsylvania have until their injured child turns seven years old to file a medical malpractice suit.
How Do You Prove a Birth Injury Claim in Pennsylvania?
To substantiate a birth injury claim in Pennsylvania, you must first demonstrate that the doctor and medical staff had a duty of care for your child and the mother via a doctor-patient relationship. Second, you need to show that the medical staff breached that duty by failing to provide appropriate care. Then, you need to demonstrate that this breach directly caused the injuries for which you are seeking compensation. Lastly, you need to show hard proof that the injuries resulted in tangible damages that you need to make up.
To strengthen these claims, you will need extensive medical documentation, expert testimony from qualified healthcare professionals, and thorough investigation of the labor and delivery events that led up to the injury.
What Is the Process for Filing a Birth Injury Lawsuit in Pennsylvania?
When you file a Pennsylvania birth injury claim, you will first need to submit a certificate of merit for medical malpractice cases to initiate the complaint. Once filed, the case advances to discovery, evidence gathering, and depositions. At this stage, many families settle via mediation or negotiations. However, if you cannot reach an agreement, you may have to go to trial.
This is why you need an experienced birth injury lawyer to assist you. They can help you prepare and file the complaint, collect the evidence you need, represent you during negotiations, help you through your deposition, and advocate for you in court if necessary.
Seek Legal Support with a Philadelphia Birth Injury Lawyer at Samuel Anyan Attorney At Law
If your family is facing the consequences of a catastrophic birth injury, let a Philadelphia birth injury lawyer at Samuel Anyan Attorney At Law help you shoulder the emotional toll of the injury and the legal burden that comes with seeking the compensation you deserve. For a free consultation, submit the provided online form or call 833-372-6946. Located in Philadelphia, we serve clients in Chester County, Delaware County, Montgomery County, Bucks County, Dauphin County, Berks County, Lehigh County, and Northampton County.