Pottstown Birth Injury Lawyer

Birth injuries can have lifelong effects on your child’s health and well-being. If medical negligence caused your child’s injury, Kingbird Legal is here to fight for you. Our Pottstown birth injury lawyer will seek compensation for medical expenses and long-term care. Call 484-289-4880 today for a free consultation, and let us help you secure your child’s future.

Understanding Birth Injuries and How to Handle Legal Claims in Pennsylvania

Bringing a child into the world should be a joyous occasion, but for some families, it’s a time marked by unexpected medical complications. Birth injuries occur when a baby is harmed during the delivery process, either due to medical negligence or complications. While not all birth injuries are preventable, there are instances where medical errors contribute to the harm caused. In such cases, families may be entitled to pursue legal action to secure compensation for their child’s injury and the costs associated with it.

If your child has suffered a birth injury in Pennsylvania, it is essential to understand what constitutes a birth injury, how these injuries happen, and what legal options are available for seeking compensation. This post will guide you through the basics of birth injuries and provide information on how to handle a legal claim.

What Are Birth Injuries?

A birth injury refers to physical harm sustained by a baby during the labor and delivery process. These injuries can vary in severity, ranging from mild to life-altering conditions. Birth injuries are different from birth defects, which are caused by genetic factors or other issues during pregnancy. Birth injuries typically happen due to complications during delivery and are often preventable with proper medical care.

While many babies are born without incident, some may suffer harm that results in long-term health problems or permanent disabilities. In some cases, these injuries can be traced back to medical negligence, meaning the care providers involved in the birth process failed to meet the appropriate standard of care.

Common Types of Birth Injuries

Birth injuries come in many forms, and the severity of the injury can depend on factors such as the method of delivery, the baby’s position, and the speed of the delivery. Some of the most common types of birth injuries include:

Brachial Plexus Injury

Brachial plexus injury occurs when the network of nerves controlling the arms and hands is stretched or torn during delivery. This injury can happen if excessive force is applied to the baby’s head and neck during a difficult delivery, particularly in cases of shoulder dystocia (when the baby’s shoulder gets stuck during birth).

The injury can result in paralysis or weakness in the baby’s arm. In mild cases, the child may recover with time, but in severe cases, the injury can lead to permanent disability.

Cerebral Palsy

Cerebral palsy is a neurological disorder that affects movement and muscle coordination. While cerebral palsy can be caused by a variety of factors, it may be the result of oxygen deprivation during labor and delivery (hypoxic-ischemic encephalopathy) or trauma to the brain during birth. If the birth team fails to monitor the baby’s oxygen levels or act quickly in response to complications, the baby may suffer brain damage leading to cerebral palsy.

Cerebral palsy can range from mild to severe, and in many cases, children with cerebral palsy require long-term medical care, therapy, and assistance with daily activities.

Fractures

Fractures can occur during the birth process, particularly in cases of difficult or assisted deliveries (such as with forceps or vacuum extraction). The most common fractures are broken clavicles (collarbones), which may occur if excessive force is applied to the baby’s shoulders during delivery.

While most fractures heal within a few weeks, more serious fractures can cause long-term complications, particularly if the injury affects the baby’s ability to move or function properly.

Caput Succedaneum and Cephalohematoma

Caput succedaneum is a swelling of the soft tissues on a baby’s head caused by pressure during delivery. This condition is often seen in babies who are delivered vaginally, especially if there is a prolonged or difficult labor.

Cephalohematoma refers to a collection of blood between the baby’s skull and the lining of the brain. This can occur when a vacuum or forceps is used to assist with delivery. While both conditions can be temporary and resolve with time, they can also indicate complications that need medical attention to prevent further injury.

Erb’s Palsy

Erb’s palsy is a condition resulting from damage to the brachial plexus nerves, which control the movement in the arms and hands. This injury is often caused by excessive pulling or twisting of the baby’s neck during delivery, especially in cases of shoulder dystocia.

While some babies with Erb’s palsy can recover with physical therapy, others may experience permanent weakness or paralysis in their affected arm.

How Do Birth Injuries Happen?

Many birth injuries occur as a result of medical errors during labor and delivery. Some common factors that contribute to birth injuries include:

Improper use of delivery tools: The use of forceps or vacuum extraction can be helpful in some cases, but if they are not used correctly, they can cause physical harm to the baby.
Failure to monitor fetal distress: During labor, it’s crucial to monitor the baby’s heart rate and oxygen levels. If the baby shows signs of distress (such as a drop in heart rate or lack of oxygen) and medical staff fail to respond appropriately, serious birth injuries can occur.
Failure to perform a timely C-section: In cases where the baby is in distress, or if the labor is taking too long, a C-section may be necessary. Delayed or missed C-sections can increase the risk of birth injuries.
Excessive force during delivery: If excessive force is used to pull the baby out, it can result in nerve damage, fractures, or other injuries.

How to Handle a Legal Claim

If your child has been injured during birth and you believe medical negligence is the cause, you may be entitled to pursue a legal claim. Medical malpractice lawsuits can be complex, but they offer a path for holding the responsible medical professionals accountable and obtaining compensation for your family’s losses.

Here are some steps to take when handling a birth injury legal claim in Pennsylvania:

Consult with an Experienced Attorney

The first step in pursuing a birth injury claim is to consult with a personal injury attorney who specializes in medical malpractice. Birth injury cases require in-depth knowledge of both medical practices and the law. An experienced attorney can help you evaluate the details of the case and determine if you have a valid claim.

Gather Medical Evidence

To strengthen your case, you will need medical evidence to show that negligence occurred and caused your child’s injury. This could include medical records, expert testimony from other medical professionals, and documentation of the child’s condition and any treatments needed as a result of the injury.

Understand the Statute of Limitations

In Pennsylvania, you have a limited amount of time to file a medical malpractice lawsuit. Typically, the statute of limitations is two years from the date the injury occurred or from when it was discovered. In cases involving minors, the statute of limitations may extend to their 20th birthday. It is essential to consult with an attorney promptly to ensure you do not miss any deadlines.

Seek Compensation for Damages

In a birth injury claim, you may be entitled to several types of compensation, including:

Medical expenses: Current and future medical costs related to the birth injury.
Pain and suffering: Compensation for the emotional and physical pain your child has experienced.
Lost earning potential: If the injury causes long-term disability, you may be entitled to compensation for lost future income.
Other damages: In some cases, additional damages, such as emotional distress or loss of quality of life, may be awarded.

Negotiations or Court Proceedings

Once your case is filed, there may be settlement negotiations with the responsible parties or their insurance company. However, if a fair settlement cannot be reached, your case may go to trial. Your attorney will represent you throughout the legal process to ensure that you receive the compensation your family deserves.

Pottstown Birth Injury Attorney – Securing Your Child’s Future

Birth injuries are traumatic experiences for both the baby and the family. While some injuries are unavoidable, others are the result of medical negligence and can be addressed through legal claims. If your child has suffered a birth injury, it’s important to understand your rights and options. By working with an experienced attorney, you can ensure that your family receives the necessary compensation to cover medical expenses, pain and suffering, and any long-term care your child may need. Kingbird Legal is committed to helping your family recover. Our Pottstown birth injury attorney will fight for the compensation needed for medical care and future needs. Call 484-289-4880 today for a free consultation, and let us help you seek justice for your child’s injury.