Birth injuries are devastating events for both the child and the family. When these injuries occur, the responsible parties—whether due to medical malpractice, negligence, or failure to provide proper care—should be held accountable. However, filing a birth injury claim in Pennsylvania can be a complex and emotional process. Understanding the legal steps involved can help parents navigate the system and secure the compensation necessary to support their child’s future needs.

Understand What Constitutes a Birth Injury

The first step in the process is to understand what qualifies as a birth injury. Birth injuries are harm caused to a child during or shortly after birth. These injuries can occur due to a variety of reasons, including medical negligence, improper use of medical tools, or failure to monitor the health of the mother and child. Some common examples of birth injuries include:

• Cerebral palsy
• Erb’s palsy
• Brain damage
• Fractures
• Oxygen deprivation (hypoxia)
• Brachial plexus injury
• Spinal cord injuries

If your child suffers from any of these conditions and you suspect that negligence played a role, you may be eligible to file a birth injury claim. It is important to note that not all birth injuries are due to malpractice; some may occur as a result of natural complications or uncontrollable factors. This is why seeking legal advice is critical to determine whether you have a valid case.

Consult an Experienced Birth Injury Lawyer

The next step in the process is to seek legal counsel. Birth injury claims often involve complicated medical evidence, expert testimony, and a thorough understanding of both medical and legal principles. An experienced personal injury lawyer specializing in medical malpractice or birth injury cases will have the knowledge needed to evaluate the merits of your case.

An attorney can help you understand your rights, review medical records, and assess the long-term impact of the injury on your child’s life. They will also be able to guide you through the various steps of filing a claim and help you collect the necessary evidence to prove medical negligence.

Gather Medical Records and Evidence

To build a strong case, it is essential to gather all relevant medical records and documentation related to the birth injury. This may include:

• The medical history of the mother
• Prenatal care records
• Delivery room records (such as monitoring strips and charts)
• Post-birth medical records for the child
• Expert testimony from medical professionals

Your lawyer will request these records from the hospital or medical providers involved in the birth. They may also work with medical experts to analyze the information and determine whether the medical staff followed proper procedures during labor and delivery. The more comprehensive the evidence, the stronger your case will be.

Prove Negligence or Medical Malpractice

One of the main aspects of a birth injury claim is proving negligence or medical malpractice. In Pennsylvania, medical malpractice occurs when a healthcare professional (such as an obstetrician, midwife, or nurse) fails to provide the standard of care that a reasonable professional in the same field would offer under similar circumstances. To prove negligence, you must demonstrate the following:

• The medical professional owed a duty of care to the mother and child.
• There was a breach of that duty, meaning the healthcare provider’s actions or inactions were below the expected standard of care.
• The breach of duty directly caused the birth injury.
• The injury resulted in specific damages, such as medical expenses, long-term care costs, pain and suffering, and emotional distress.

In a birth injury case, expert testimony is often crucial in establishing that the healthcare provider’s actions fell below the standard of care. Medical experts will testify as to what should have been done during the birth process and how any deviations from that standard contributed to the injury.

Filing the Birth Injury Claim

Once you have gathered the necessary evidence and your lawyer has assessed your case, the next step is to file a claim. This typically involves submitting a formal complaint in court, outlining the facts of the case and the legal basis for your claim. In Pennsylvania, birth injury claims are generally filed as personal injury or medical malpractice cases.

However, there are a few important details to be aware of regarding the legal timeline in Pennsylvania. The state has a statute of limitations for medical malpractice claims, which means that there is a limited amount of time to file a lawsuit after the injury occurs. In most cases, the statute of limitations is two years from the date of the injury. However, there may be exceptions in cases where the injury is not immediately apparent or the child is under a certain age.

It’s crucial to file your claim as soon as possible to avoid losing the opportunity to seek compensation. Your lawyer will ensure that all deadlines are met and the necessary paperwork is filed properly.

Negotiation and Settlement

After filing the claim, the next step is typically negotiation with the responsible party’s insurance company or legal team. In many cases, birth injury claims can be resolved through settlement negotiations rather than going to trial. A settlement is a financial agreement where the defendant agrees to compensate the injured party in exchange for dropping the lawsuit.

Your lawyer will handle all negotiations on your behalf, ensuring that any settlement offer takes into account the full extent of the damages, including future medical care costs and long-term support for your child.

It’s important to understand that insurance companies will often attempt to offer a settlement that is lower than what you are entitled to. Having an experienced attorney by your side can ensure that you don’t accept an unfair offer and that you are fully compensated for the lifelong care your child may need.

Trial (If Necessary)

If a settlement cannot be reached, your lawyer will prepare to take your case to trial. During a trial, both sides will present evidence, including medical records, expert testimony, and witness statements. A judge or jury will determine the outcome of the case, including whether the defendant was negligent and the amount of compensation you are entitled to.

While most birth injury cases settle before reaching trial, having an attorney who is prepared to go to court can help ensure that your case is taken seriously and that you receive fair compensation.

Conclusion

Filing a birth injury claim in Pennsylvania can be a complex and challenging process, but with the right legal guidance, you can hold the responsible parties accountable and secure compensation to cover your child’s future needs. At Kingbird Legal, we understand the emotional and financial toll that a birth injury can take on a family. Our experienced team of personal injury lawyers is here to support you every step of the way. If your child has suffered a birth injury due to medical negligence, contact us today for a consultation. Let us help you pursue justice and ensure your child receives the care they deserve.