Philadelphia Birth Injury Lawyer

Birth injuries are any harm or injury suffered by a mother or newborn during the labor and delivery process. Birth injuries can be caused by prolonged labor, improper use of delivery instruments, or failure to monitor the baby’s vital signs, and range from minor bruises to severe and life-altering conditions.

What Are Common Types of Birth Injuries?

Birth injuries can manifest in various forms, each with its own set of complications and long-term effects. Some of the most common types of birth injuries include:

• Cerebral Palsy: A group of neurological disorders affecting movement, muscle tone, and coordination caused by oxygen deprivation during birth.
• Brachial Plexus Injuries: Damage to the network of nerves controlling the arms and hands, resulting in weakness or paralysis of affected limbs.
• Hypoxic-Ischemic Encephalopathy (HIE): Brain damage caused by a lack of oxygen and blood flow to the baby’s brain during labor and delivery.
• Fractures: Broken bones, particularly the clavicle, which can occur during a difficult delivery.
• Facial Nerve Injuries: Damage to the facial nerves, typically caused by improper use of delivery instruments, leading to temporary or permanent facial paralysis.
• Spinal Cord Injuries: Damage to the spinal cord, usually caused by traumatic delivery methods and resulting in partial or complete paralysis depending on the location of the injury and severity.
• Perinatal Asphyxia: A condition characterized by the deprivation of oxygen to a newborn’s brain and other organs during birth, which can cause long-term neurological and developmental issues.

How Are Birth Injuries Caused by Medical Malpractice?

Medical malpractice occurs when healthcare professionals fail to provide the expected standard of care and cause harm or injury to the patient. Birth injuries caused by medical malpractice can involve several negligent actions or omissions, including, but not limited to:

• Failure to diagnose or treat maternal infections during pregnancy.
• Improper use of forceps or vacuum extractors.
• Failure to perform a timely Caesarean section when necessary.
• Inadequate monitoring of fetal distress.
• Incorrect administration of labor-inducing drugs.
• Failure to diagnose or respond to umbilical cord complications.
• Inappropriate use of anesthesia or other medications.
• Failure to recognize and address placental issues, such as placental abruption or placenta previa.
• Improper handling of shoulder dystocia, in which the baby’s shoulders become lodged during delivery.
• Delays in recognizing signs of preterm labor and taking appropriate actions to prevent early birth.

These instances of negligence can result in severe and long-lasting injuries to both the mother and the newborn.

What Should I Do if I Suspect a Birth Injury Due to Medical Malpractice?

Understanding the signs of birth injuries is crucial to protect your newborn’s health and your rights. If you suspect that a birth injury was caused by medical malpractice, it is important to take the following steps:

• Seek immediate medical attention from another provider to ensure you or your newborn receive proper medical care, address any immediate health concerns, and document the injury.
• Collect all medical records related to the pregnancy, labor, and delivery to help identify what went wrong and how it could have been prevented.
• Document any details you can recall about the care you received, including dates, names of healthcare providers, and specific incidents that raised your concerns.
• Consult an experienced birth injury lawyer who can explain your legal rights and options, build a strong medical malpractice case, and recover the compensation you deserve.

How Can I Prove Medical Malpractice Caused Birth Injuries?

To establish that birth injuries were caused by medical malpractice, it is essential to demonstrate that the healthcare providers deviated from the accepted standard of care, directly causing harm to the mother or newborn. Establishing medical malpractice requires proving the following elements:

• Duty of Care: The healthcare provider owed a duty of care to the mother or infant, which is typically established by the patient-provider relationship.
• Breach of Duty: The healthcare provider breached the duty of care by failing to act in accordance with standard medical practices.
• Causation: The breach of duty caused the resulting injuries, which would not have occurred if the provider had adhered to the proper standard of care.
• Damages: You suffered actual damages due to the injuries, which can include medical expenses, physical pain, emotional distress, or long-term care needs.

Experts play a crucial role in medical malpractice cases by providing testimony regarding the standard of care and how the provider’s actions deviated. Detailed medical records and witness statements are also essential for building a strong case.

What Compensation Can I Seek for Birth Injuries?

Compensation for birth injuries is designed to cover the extensive medical and emotional costs associated with the birth injury. Compensation is based on a combination of economic and non-economic damages, which can include:

• Current and Future Medical Expenses: The past, current, and long-term future medical expenses to treat the birth injury, including surgeries, therapies, medications, and long-term care and support the child may need throughout their life.
• Rehabilitation Costs: Expenses for ongoing physical, occupational, and speech therapy to enhance the child’s quality of life.
• Assistive Devices: Costs for equipment such as wheelchairs, braces, and communication aids that the child may require.
• Lost Wages: Parents’ lost income for time off work to care for the injured child.
• Pain and Suffering: Damages to the child and family, such as physical pain, emotional distress, and diminished quality of life.

How Can Samuel Anyan Attorney At Law Help Me with My Birth Injury Case?

Samuel A. Anyan, Jr., Esq. is a knowledgeable and experienced Philadelphia birth injury lawyer who can guide you through the complexities of medical malpractice cases and provide much-needed support in the following ways:

• Objective Legal Guidance: Objective legal advice tailored to the unique circumstances of your birth injury case by reviewing medical records, consulting medical experts, interviewing witnesses, and assessing to ensure you have a strong case.
• Comprehensive Case Management: Sam can manage every aspect of your case, including gathering evidence, filing legal documents, negotiating settlements, and representing you in court if necessary.
• Negotiate a Settlement: Skilled negotiations to secure maximum compensation for medical expenses, rehabilitation costs, assistive devices, lost wages, and pain and suffering.
• Litigation: If a settlement cannot be reached, Sam is prepared to take your case to trial, present a compelling argument to the judge or jury, and achieve the best possible outcome for you and your family.
• Compassionate Legal Support: Sam provides compassionate support throughout the legal process and alleviates your burden, allowing you to focus on your child’s health and well-being while he advocates for justice on your behalf.

When entrusting your case to Samuel Anyan Attorney At Law, you can rest assured that your case will be handled by a dedicated and knowledgeable advocate.

A Philadelphia Birth Injury Lawyer at Samuel Anyan Attorney At Law Provides Guidance and Support for Your Family

Birth injuries can have a profound impact on whole families. If you or your newborn suffered injuries during labor and delivery, a Philadelphia birth injury lawyer at Samuel Anyan Attorney At Law can help. Call 833-372-6946 or contact us online to schedule a free consultation. Located in Philadelphia, we serve clients in Montgomery County, Bucks County, Delaware County, Chester County, Dauphin County, Berks County, Lehigh County, and Northampton County.