Philadelphia Birth Injury Lawyer
It is always tragic when a newborn suffers a life-altering injury, especially if it’s due to medical negligence. If your child has suffered a birth injury, you need to immediately contact a Philadelphia birth injury lawyer. The Villari Firm’s medical malpractice lawyer has successfully represented mothers and fathers dealing with the pain of child suffering from birth injuries.
With help from a birth injury attorney, you can get justice and compensation for the damages you suffered. This can ease the bills on your newborn’s medical expenses, prescriptions, and needed therapy. If you believe your child’s birth injury, condition, or death was caused by medical negligence, contact the Philadelphia birth injury lawyers at The Villari Firm, PLLC for a free consultation. Call 267-388-9429.
What is a Birth Injury?
A birth injury is one that happens during or shortly following delivery. Not all common birth injuries come from medical errors. Some babies are born with congenital conditions that cannot be blamed on the doctors. Birth injuries range from mild, short-lived injuries to chronic problems that require continuing treatment.
What are the Most Common Types of Birth Injuries?
Birth injuries can cause permanent damage to the baby and the mother. Our Philadelphia birth injury lawyer will help you determine if your child’s injuries were the result of medical negligence, but some common types of birth injuries are:
- Head & brain injuries
- Bleeding, bruising, or swelling
- Broken bones
- Spinal cord injury or nerve damage
- Cerebral palsy
- Forceps injuries
What are Some Serious Types of Birth Injury?
All avoidable birth injuries are sad and disturbing, especially to the parents of the injured infant. Most birth injury lawyers in Philadelphia will tell you that there are some really tragic birth injuries that could have and should have been prevented by the hospital and your doctor. Here are a few of those tragic injuries:
The most common effect of cerebral palsy is difficulty with movement and coordination. The care and treatment of this condition’s long-term effects can cost thousands of dollars.
RH Factor Incompatibility
Rh factor incompatibility indicates that the mother and fetus have different blood types.
If the father is Rh-positive and the mother is Rh-negative, there is a chance that the fetus will inherit the father’s blood type rather than the mother’s. The blood type in the mother’s system will generate antibodies to attack the fetal red blood cells, causing various complications for the fetus and perhaps resulting in their death.
Erb’s palsy produces varying degrees of weakness in the shoulder, arm, and hand. It is produced by exerting too much stress on the baby’s head while attempting to pull it out of the birth canal. The paralysis or weakness happens from a nerve injury in the “brachial plexus.” The brachial plexus is a collection of nerve fibers between the shoulder and the neck.
Pulling too hard on the baby’s head during birth can cause these nerves to strain and, in extreme circumstances, detach from the spine.
Shoulder dystocia occurs when one or both of the baby’s shoulders become caught on the pubic bone of the mother, preventing the normal delivery progression. Even though there are many warning indicators, there is no way to anticipate whether or not a child is in danger of shoulder dystocia.
Hypoxic Ischemic Encephalopathy
Hypoxic Ischemic Encephalopathy (HIE) can be devastating for newborns. The condition has three components: hypoxia, ischemia, and encephalopathy. This means oxygen and blood supply to the brain become limited (hypoxia and ischemia), causing damage to the brain (encephalopathy).
Kernicterus is a severe form of newborn brain injury caused by extreme jaundice or high bilirubin levels. Kernicterus can result in brainstem lesions that impair a child’s hearing, eye movement, and balance.
Jaundice in and of itself is not hazardous to babies, but if doctors allow bilirubin levels to rise excessively and do not offer therapy, neonates may develop kernicterus.
This often occurs in the third trimester. If the mother gets a placental abruption that is not quickly detected and treated, she might bleed, depriving the baby’s brain of oxygen.
Group B Strep (GBS)
Group B Strep (GBS) is a fatal bacterial illness. Typically, the GBS bacteria inhabit the intestines, rectum, and vagina. During childbirth, the mother might transmit the bacteria to the infant.
Intense pressure on the baby’s face during childbirth can damage the facial nerve, resulting in paralysis.
Your baby’s collarbone might be shattered during birth. Fortunately, the healing period is only two weeks since new bone begins to develop relatively rapidly. The fracture can be painful, and your child has to wear a soft bandage or splint to restrict arm and shoulder movement.
Hypoxia or Anoxia
Anoxia and hypoxia are circumstances in which the oxygen supply to an organ’s tissues is either diminished or absent. This typically occurs when the blood supply is interrupted, such as when there is an issue with the umbilical cord. Oxygen deficiency can cause cerebral palsy, seizure disorders, developmental problems, and hearing or visual impairments.
Birth Injury FAQs
Do Birth Injuries Result in Mental or Learning Disabilities?
Birth injuries in infants can manifest as physical, cognitive, or emotional issues. Some complications involve a decrease in oxygen or blood flow to the brain, leading to brain damage and developmental delays. These can also affect physical and mental processes.
Psychological conditions can come about from traumatic deliveries. These developmental difficulties include:
- Attention deficit hyperactivity disorder (ADHD)
- Asperger’s syndrome
- Behavioral issues
- Delayed language development
- Hearing loss
- Speech problems
These medical issues need extensive treatment so your child can live a happy life. However, it seems unfair for your baby to suffer and for you to be racked with hefty medical bills because of a doctor’s mistake. Your baby deserves the best treatment. Our Philadelphia birth injury lawyer can help recover compensation, so your baby receives the best care possible. Call us today to discuss your case.
What are Some Signs of Birth Injury Lawyers Tell You to Look for?
Some birth injuries, such as cerebral palsy, are not detectable until weeks or months after birth. Others have obvious warning signs. Here are some common indications of a birth injury:
- The baby’s skin is blue
- The baby has a fractured arm or leg
- The baby suffers a heart attack
- The baby needs to be admitted to the neonatal intensive care unit
- The baby is unusually lethargic
- The baby looks swollen
Our compassionate and caring Philadelphia birth injury lawyer will handle your case with the care and attention you and your baby deserve. If you believe your child is suffering from an injury or condition due to negligence at the time of delivery, it is important to consult with us right away. We will help you understand your child’s injuries and what legal options you may have.
How Do I Know Who is Responsible for My Baby’s Birth Injuries?
It can be challenging to determine who is at fault as there are usually many people involved, from prenatal care to the delivery. A qualified birth injury lawyer can work with medical experts to examine the birth injury and identify those potentially responsible.
It’s not only the doctor who can be held liable for a personal injury claim. You can also count:
- The nurses
- The facility
- The manufacturer of the equipment used
- Any combination of these parties
It’s important to determine who is responsible for your child’s birth injury. It can be difficult to do this without years of experience with medical malpractice cases. A Philadelphia birth injury attorney is necessary for determining and demonstrating liability.
How Do I Know if My Doctor or Hospital was Negligent During My Child’s Birth?
A lot was going on in the delivery room when your baby was born, so you may not have been paying attention to the signs of negligence happening all around you. But if you think back and speak to other people who were in the room, you may be able recall what happened. Here are a few things that can be signs of medical negligence when you gave birth:
- Medical personnel are not prepared for childbirth.
- The medical providers ignore signs of distress or medical issues.
- A medical expert uses excessive force. For instance, using forceps or other forceful instruments that may be harmful.
- Doctors, nurses, or midwives provide substandard treatment during labor and delivery.
- The infant’s brain does not receive enough oxygen during labor and delivery.
- A larger-than-average baby is delivered vaginally.
- The infant does not arrive head-first.
What Should I Do if My Baby was Injured at Birth?
If you suspect that your baby suffered a birth injury, the first thing you should do is seek medical help. Once your baby is safe and stable, it’s best to call an experienced birth injury lawyer in Philadelphia. A birth injury lawyer can examine your case and determine whether medical malpractice or negligence happened.
Although the damage may be irreversible, collecting the compensation you deserve can lessen the financial burden and give you the resources to care for your child for the rest of their life.
Why Do You Need a Birth Injury Lawyer in Philadelphia?
It’s a classic David and Goliath story: parents and their injured child fighting against a powerful medical institution. It takes the right team with the right skills and tools to win these cases. Our medical malpractice lawyer from The Villari Firm is the right fit to get justice for your family.
There are many attorneys out there from multiple practice areas. However, our birth injury lawyers have dedicated their careers to personal injury, medical malpractice, and wrongful death actions. Our efforts have allowed us to recover more than $125 million for our clients and their families.
How Much Can I Recover from a Philadelphia Birth Injury Case?
Pennsylvania does not cap the damages you can receive when you win your claim. The limit only exists for punitive damages, those ordered to punish the defendant. In general, you can recover enough to provide care and treatment for your child. Birth injuries often result in the need for lifelong care.
A birth injury lawyer can help you determine what care your child may need and for how long. From there, they can determine how much you may be able to recover. Our attorneys have recovered millions of dollars for birth injury victims.
How Does a Birth Injury Lawyer Prove Negligence to Win Your Case?
You have to show that the doctor’s negligence caused your child’s birth injury. To do this, you have to establish these elements:
- There is a duty of care. You have to show that the defendants have a legal duty to act with reasonable care. It may be enough to establish a doctor-patient relationship.
- The physician breached their duty of care. To prove that there was a breach, you have to show that another reasonably competent medical professional would not have committed the same mistakes under similar circumstances.
- The breach caused damages that must be compensated. Damages is a term that refers to the losses you’ve suffered, both financial and otherwise, as a result of the injury. This includes hospital bills, lost income, disability, pain and suffering, among many others.
Proving these elements is key to winning your case. Not everyone can take a case to court and win trials. Our Philadelphia birth injury lawyer is trial-ready. If you want to win your case, call our law firm today!
How Long Do I Have to File a Birth Injury Case in Pennsylvania?
Each state has its regulations and limitations regarding birth injury claims. In Pennsylvania, the statute of limitations is two years from the date of injury.
However, if you don’t discover the injury until later, then the discovery rule may apply. For minors, the clock does not start until they turn eighteen. Then they have until they turn twenty to file a medical malpractice claim.
You also need to file a certificate of merit within 60 days of filing the original claim. This affidavit must include:
- Your attorney’s signature
- A written declaration from an expert supporting your allegation.
It’s crucial to file your birth injury claim on time; otherwise, you may not have another chance. Don’t wait any longer. Call our experienced Philadelphia medical malpractice attorney to help you file your claim! With our extensive connections, we can help you find a medical expert who can support your claims.
Benefits of Hiring a Birth Injury Lawyer
If you hire our Philadelphia birth injury lawyer, here’s what you can expect us to do for you:
Get Important Records
Information is one of the most important tools to win a case. Our skilled Philadelphia birth injury attorney has the experience to gather relevant information efficiently. We understand how to use insurance records, medical bills, and other data to demonstrate the extent of the child’s injuries and how the health care professional’s carelessness led to them.
Serve as Your Legal Representative
Hospitals and physicians typically have attorneys adept at defending their interests in court.
With such opposition, you need someone with superior legal knowledge and trial experience to win your case. Our seasoned birth injury attorney in Philadelphia can secure a verdict or negotiate a settlement to guarantee that injured children receive the financial compensation they need to live the best life possible.
Work With Medical Professionals
One reason to work with our esteemed law firm for your birth injury claim is our access to an extensive network of medical professionals and specialists. The evidence of an expert is crucial to proving a birth injury victim’s case in a lawsuit. We will rely on a medical expert to not only define the relevant standard of care but also demonstrate how a physician fell short of that level.
Provide Resources, Sympathy, and Empathy
After years of working for numerous families with wounded children, we know how difficult it is to find out that a doctor committed a medical error that led to your child’s catastrophic injury. We supply victims and their relatives with essential information and resources to get through these trying times.
Call Our Philadelphia Birth Injury Attorneys Now!
No parent ever wants to imagine hiring a birth injury attorney. Sadly, seven infants per thousand will suffer an injury during labor or delivery. However, these injuries could have been avoided if the doctor had performed their due diligence. Those guilty must be held accountable.
Our legal team at The Villari Firm has spent years helping parents in the Philadelphia region recover just compensation. Our sympathetic birth injury attorney in Philadelphia recognizes how emotionally taxing this process may be. Time is essential to filing a medical malpractice claim. Call our medical malpractice law firm today to discuss your case!
There are no fees unless/until we recover compensation for you. Call 267-388-9429 or contact us online to get started with a free case review today.