Kennett Square Birth Injury Lawyer

Person holding new born

A birth injury can have devastating effects on a child’s health and future, often requiring lifelong medical care. If your baby suffered a preventable injury due to medical negligence, Kingbird Legal is ready to fight for your family. Our Kennett Square birth injury lawyer understands the emotional and financial toll of birth injuries, and we are dedicated to securing the compensation your child needs for medical treatment, therapy, and future care. Birth injuries can result from delayed C-sections, improper use of forceps, or failure to monitor fetal distress. Holding negligent doctors and hospitals accountable can help ensure your child receives the best possible care. We will stand by your side throughout the legal process. Call 484-289-4880 today for a free consultation, and let us help you fight for justice for your child.

Steps to Take If Your Child Is Diagnosed with a Birth Injury

Having a child is a joyous occasion for most families, but for some, it can be overshadowed by a birth injury. These injuries can range from mild to severe and can significantly impact your child’s health and development. If your child is diagnosed with a birth injury, it is crucial to know what steps to take next. While some birth injuries occur naturally, others may result from medical negligence or mistakes made during labor and delivery. If you suspect that your child’s injury was caused by medical malpractice, it is important to understand your legal options. Here’s what you need to know and do if your child is diagnosed with a birth injury in Pennsylvania.

Understand the Different Types of Birth Injuries

Birth injuries can take many forms. Some are caused by physical trauma during delivery, while others may result from medical malpractice, such as a doctor’s failure to monitor the mother or baby properly. Common types of birth injuries include:

  • Brachial Plexus Injury: Damage to the network of nerves controlling the arm, hand, and fingers. This injury typically occurs when excessive force is applied to the baby’s arm during delivery.
  • Cerebral Palsy: A group of disorders that affect movement and muscle tone, usually caused by damage to the brain before or during birth. Lack of oxygen during delivery can contribute to cerebral palsy.
  • Fractures: Broken bones, most often the collarbone, may occur during delivery, especially if the baby is in an awkward position.
  • Cephalohematoma: A collection of blood between a baby’s skull and the periosteum (the membrane covering the bones), often caused by the use of forceps or a vacuum during delivery.
  • Intracranial Hemorrhage: Bleeding in the brain, which can lead to brain damage. This can happen if the baby experiences a difficult delivery or is deprived of oxygen.

Not all birth injuries are caused by negligence, but some result from poor medical care or the failure to recognize risks. Understanding the type of injury your child has is the first step in deciding what to do next.

Seek Medical Attention and Monitor Your Child’s Health

The first priority after your child is diagnosed with a birth injury is to ensure that they receive the necessary medical care. Birth injuries can affect a child’s development, and early intervention may improve their long-term outlook. Some children require surgery, physical therapy, or ongoing medical monitoring, depending on the type and severity of the injury.

Be sure to follow up with pediatric specialists who can assess the extent of the injury and develop a treatment plan. For some conditions, like cerebral palsy, early therapies can make a significant difference in your child’s development. It’s important to stay proactive with appointments, therapies, and any medical advice from your doctors.

Document All Medical Information

If you believe the birth injury was caused by medical negligence, documenting everything is essential. This documentation will serve as evidence should you choose to pursue a legal claim. Keep track of:

  • Medical records: Ensure you obtain copies of all medical records related to your pregnancy, delivery, and postnatal care. This includes records from your prenatal visits, ultrasounds, the birth itself, and any follow-up care.
  • Doctor’s notes: Any notes or reports made by the healthcare providers involved in the delivery, including nurses, OB/GYNs, or pediatricians, should be saved.
  • Treatment details: If your child requires specialized treatments or therapy, keep detailed records of all appointments, diagnoses, and outcomes.
  • Photographs: Take photographs of any visible injuries, such as bruising, swelling, or other physical signs of trauma. These can be important in proving the severity of the injury.
  • Witness statements: If there were any witnesses present during your labor and delivery, it could be helpful to document their accounts of what occurred. This can help establish if any errors were made during the delivery process.

All of this information will be crucial if you decide to consult a lawyer about a potential malpractice claim.

Consult a Personal Injury Lawyer Experienced in Birth Injury Cases

If you suspect that your child’s birth injury was caused by medical malpractice, it is critical to speak with a personal injury lawyer who has experience handling birth injury cases. Pennsylvania has specific laws and procedures that govern medical malpractice claims, and a lawyer will be able to guide you through the process. They can help you understand your rights and determine if you have a viable claim.

In Pennsylvania, medical malpractice claims have a statute of limitations, meaning there is a limited amount of time to file a lawsuit. Generally, you must file within two years of the injury or within two years of discovering the injury if it wasn’t immediately apparent. However, there are exceptions, especially in cases involving minors. An experienced attorney will be able to assess your case and advise you on the best course of action.

Understand Your Legal Options

If your child’s birth injury was caused by medical negligence, you may be entitled to compensation for:

  • Medical expenses: This includes the costs of surgeries, therapies, and long-term care for your child’s injury.
  • Pain and suffering: If your child experiences pain or a reduced quality of life due to the injury, you may be entitled to compensation for their emotional and physical suffering.
  • Lost wages: If you or a family member must reduce work hours or stop working entirely to care for your child, you may be able to claim compensation for lost income.
  • Future care: In some cases, birth injuries require long-term medical care. You may be entitled to compensation for the future costs of medical treatments, therapies, or accommodations.

Your lawyer will help you determine what you can recover and will fight to ensure that you receive fair compensation. They can also negotiate with insurance companies and, if necessary, take the case to trial.

Explore Financial Assistance and Support Resources

In addition to pursuing a legal claim, there are other resources you can explore to support your child’s care. Many families facing birth injuries turn to support organizations that offer resources, financial assistance, and community support. These resources can help ease the burden of medical expenses and provide emotional support for families navigating difficult times.

Some organizations provide grants to help cover medical expenses or access to therapy and care options. You may also find local support groups or online communities where you can connect with other parents who have gone through similar experiences.

Be Prepared for an Emotional Journey

Having a child with a birth injury can be emotionally overwhelming. It’s natural to feel a range of emotions, from anger and sadness to confusion and fear. Remember that you are not alone. There are resources available, and professionals who can help guide you through this journey. It’s essential to care for your emotional well-being as well as your child’s physical health.

Consider seeking counseling or support groups to help you manage the stress of caring for a child with a birth injury. Finding ways to cope emotionally will allow you to be a stronger advocate for your child and help you navigate the legal and medical challenges ahead.

Protecting Your Child’s Future in Kennett Square

A birth injury can affect your child’s health for life. If medical negligence caused your baby’s injury, Kingbird Legal is here to help. Our Kennett Square birth injury attorney will fight to secure compensation for your child’s medical care and future well-being. Call 484-289-4880 today for a free consultation, and let us help you seek justice for your child.