Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
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A Guide for Pennsylvania Families: Understanding Medical Malpractice Birth Injuries and What Comes Next
Welcoming a new baby into the world is supposed to be one of the happiest times in a person’s life. When everything goes right, it’s a moment of pure joy. But sometimes, something goes wrong. A child can suffer a birth injury. Complications arise unexpectedly during childbirth, and these issues can lead to birth injuries that may have lasting effects. It’s a difficult and confusing time for any family, and it often leaves parents with many questions about what happened and why.
At The Child Injury Firm, we’ve dedicated our careers to helping children and their families in Pennsylvania. We know how overwhelming this can be, and we want to provide some clear information to help you understand what a birth injury is and what your options are. Our goal is to be a helpful, experienced resource that you can trust.
A birth injury is any kind of harm or damage that a baby suffers just before, during, or right after birth. Sometimes these injuries are minor, but sometimes they can be a serious injury and lead to long-term health problems. Many parents wonder if the injury was just an accident or if it could have been prevented. We want to help answer that question. Preventable injuries can result from a medical mistake during childbirth, and understanding the cause of your child’s birth injury is crucial for seeking justice and support. A child’s birth injury often involves complex legal and medical issues, making experienced legal representation essential for families facing emotional and financial challenges.
Birth injuries can change the course of a child’s life and place a tremendous emotional and financial burden on families. Understanding the different types of birth injuries is the first step toward getting the help and support your child needs. At The Child Injury Firm, our birth injury lawyers and birth injury attorneys have seen firsthand how these injuries can affect families across Pennsylvania—and we’re here to help you navigate the legal process if your child has suffered harm.
Some of the most common birth injuries include:
Understanding and addressing your child’s injuries is crucial in both medical and legal proceedings to ensure the best possible outcome for your family.
These birth injuries are often the result of medical errors, substandard medical care, or failure by medical professionals to follow established standards. Pennsylvania law mandates that a healthcare provider deliver a certain level of care to protect both mother and child. When this standard is not met, families have the right to pursue compensation through a birth injury lawsuit.
If your child has suffered a birth injury, it’s important to act quickly. A Pennsylvania birth injury lawyer can help you gather medical records, determine if medical malpractice occurred, and guide you through the legal process. Our experienced birth injury attorneys are dedicated to helping families seek compensation for medical expenses, pain and suffering, future medical care, and other damages.
Remember, many birth injuries are preventable. If you suspect your child’s injury was caused by medical negligence, don’t hesitate to reach out for a free consultation. The Child Injury Firm is here to help you understand your rights and pursue justice for your child’s birth injury case.
When a birth injury happens, it can feel like you’re alone. But sadly, it’s not as uncommon as you might think. A study by the CDC found that around 343 births out of every 100,000 lead to a birth injury, which shows that it’s a problem that affects many families across the country. In Pennsylvania, our hospitals deliver tens of thousands of babies every year, so the number of birth injuries in our state alone is significant. Each year, thousands of children injured during birth require medical care and legal support. Medical errors are a major concern, as they are now recognized as the third leading cause of death in the United States, underscoring the critical need for accountability and prevention.
The causes of these injuries can be very complex. Sometimes, an injury is simply the result of a difficult birth. But often, it’s a sign of a mistake that could have been avoided. Medical professionals are trained to handle the stress of childbirth, and when they fail to provide the standard of care, it can lead to a preventable injury. Maternal infection during pregnancy is a known risk factor that can result in brain damage or other birth injuries. Uterine rupture is another potential complication during labor that can cause serious harm to both mother and baby. Cephalopelvic disproportion (CPD), where the baby’s size and the mother’s pelvis anatomy are not compatible for a safe vaginal delivery, is another cause of birth injury that requires careful assessment and intervention.
One of the most common causes of birth injuries is a lack of oxygen to the baby’s brain. This is a very serious type of injury called Hypoxic-Ischemic Encephalopathy (HIE). It can happen if there is a problem with the umbilical cord, or if the medical team is too slow to react to signs that the baby is in distress. Monitoring blood flow to the fetus during labor is critical to prevent oxygen deprivation and reduce the risk of injury. For example, suppose a medical professional is too slow to order an emergency C-section when it is needed. In that case, it can cause the baby to lose oxygen and suffer a lifelong injury like cerebral palsy. We’ve found that these kinds of delays are a major problem.
Another common cause is improper use of delivery tools, such as forceps or vacuum extractors. These tools can be very helpful, but if they are used improperly or with too much force, they can cause nerve damage or even fractures to the baby’s skull. An injury to a baby’s brachial plexus, a group of nerves in the neck, can cause a condition called Erb’s Palsy, where the baby loses the ability to move their arm. The March of Dimes has estimated that for every 1000 live births, around one baby suffers from a brachial plexus injury, a statistic that highlights how often this type of injury can occur.
Birth injury cases and birth injury lawsuits are a significant part of legal proceedings related to medical malpractice. Medical malpractice lawsuits, medical malpractice cases, and medical malpractice claims are often handled by law firms with experience in these complex matters. In these cases, medical doctors frequently provide specialized education and expert knowledge to attorneys, helping them understand the medical aspects of birth injuries and medical negligence. When seeking justice, it is important to file a birth injury claim promptly, as birth injury litigation can be complicated and requires a thorough understanding of the legal process. Medical providers also play a crucial role by collaborating with families and legal teams to ensure children with birth injuries receive the ongoing care and treatment they need.
Medical professionals are at the heart of ensuring a safe and healthy delivery for both mother and child. Their responsibilities begin long before labor, with thorough prenatal care, and continue through the critical moments of childbirth. Doctors, nurses, and other healthcare providers must closely monitor the health of both mother and baby, respond quickly to any signs of distress, and follow established protocols to prevent complications.
When medical professionals fail to meet these standards—whether through delayed responses, improper use of delivery tools, or inadequate monitoring—birth injuries can occur. These preventable injuries can have lifelong consequences for children and their families. If you suspect that your child’s birth injury was caused by medical negligence, a birth injury lawyer can help you understand your rights and options. Injury lawyers work with medical experts to review your case, identify lapses in care, and determine if healthcare providers failed to uphold their duty. Holding medical professionals accountable not only helps your family seek justice but also encourages higher standards of care for all patients.
Understanding birth injury law in Pennsylvania is essential for families considering legal action after a child’s injury. Pennsylvania law provides a clear framework for birth injury cases, requiring families to prove that a healthcare provider’s negligence directly caused the injury. This means showing that the provider owed a duty of care, breached that duty, and that the breach resulted in harm to your child.
Navigating the legal process can be complex, especially when dealing with medical malpractice claims. There are strict deadlines—known as the statute of limitations—that typically require families to file a birth injury lawsuit within two years of discovering the injury. However, Pennsylvania law provides a crucial protection for children called tolling for minors. This legal principle pauses that two-year clock for the child’s own injury claim until they reach the age of 18, meaning the deadline is usually extended until the child’s 20th birthday. Missing this window, or miscalculating the tolling period, can mean losing the right to seek compensation. Our Pennsylvania birth injury lawyers can guide you through each step, from gathering evidence to properly calculating and filing your claim. With the right legal support, families can better understand their rights under Pennsylvania law and make informed decisions about how to pursue compensation for their child’s injuries.
After a birth injury, the first and most important thing to do is to get the medical care your child needs. This might mean seeing specialists or getting a second opinion. You want to make sure your child is getting the best possible treatment. Ongoing medical treatment is crucial for your child’s recovery and long-term well-being. There might be a great hospital or medical center near you that specializes in these kinds of injuries. An injured child will need support, resources, and specialized care to address both immediate and lifelong challenges. After that, it is also important to take some other steps to protect your child’s rights.
First, document everything. Keep a journal of everything that happens and all the medical care your child receives. Be sure to keep track of all doctor visits as part of your record-keeping process. This can be very helpful later on. It’s also a good idea to get copies of all your medical records from your pregnancy, labor, and delivery. This can be a lot of paperwork, but it’s crucial. The medical staff involved during labor and delivery have a responsibility to monitor and respond to warning signs to prevent birth injuries, so documenting their actions is important.
Second, seek a clear diagnosis. It’s essential to find out exactly what the injury is and what caused it. A clear diagnosis can help you understand the long-term care your child will need. For example, if the doctor gives a diagnosis of cerebral palsy, you will know that the child will need physical therapy and other types of care. A diagnosis can also help our team understand if the injury was preventable.
And finally, you should call the team at Child and Birth Injury Lawyers. This might not be what you want to think about right now, but it is important to act quickly. In Pennsylvania, there are time limits for filing lawsuits, and if you wait too long, you might lose your chance to get justice for your child. A team that has been doing this for decades, like ours, can review your case and help you understand if a mistake was made. If you believe your child’s injury was caused by negligence, you may have grounds for a medical malpractice case. Working with a birth injury law firm and an experienced birth injury attorney ensures that birth injury clients and injury victims receive dedicated legal representation and guidance through every step of the process. We can help you understand if a mistake caused your child’s injury and what your options are. Pursuing a medical malpractice claim involves gathering evidence, expert testimony, and following specific legal procedures to seek compensation for the harm caused. It is important to hold negligent healthcare providers accountable for their actions to help prevent future harm.
At The Child Injury Firm, we believe that every child deserves a life free from preventable harm. We are dedicated to helping families who have been impacted by these difficult situations. We want to be a resource for you, so we can help you understand what happened and what to do next. We can help you navigate this complex process and get the resources you need for your child’s care and a better future. Our goal is to secure financial recovery and financial compensation for your family, including future medical expenses, and we are committed to secure maximum compensation and maximum compensation for our clients.
We understand that this is a difficult time for you. Our team at The Child Injury Firm is here to listen and help you find the answers you need.
Taking the first steps toward filing a birth injury lawsuit can feel overwhelming, but having the right guidance makes all the difference. The process begins with a consultation with a birth injury lawyer or birth injury attorney who is experienced in these complex cases. During this initial meeting, your lawyer will listen to your story, review your child’s medical records, and help determine whether medical negligence played a role in the injury.
Building a strong birth injury case requires gathering detailed evidence, including medical records, witness statements, and expert opinions from medical professionals. Your injury lawyer will work with medical experts to analyze the care provided and identify any deviations from accepted standards. Acting quickly is crucial, as Pennsylvania law limits the time you have to file a claim. With an experienced birth injury attorney by your side, you can navigate the legal process with confidence, from the initial investigation to settlement negotiations or trial if necessary.
One of the most important aspects of any birth injury case is determining who is legally responsible for the harm your child suffered. Liability often rests with healthcare providers—such as doctors, nurses, or hospitals—who failed to provide the standard of care required during pregnancy, labor, or delivery. In some cases, liability may also extend to medical facilities or even manufacturers of defective medical equipment.
To establish liability, your birth injury lawyer will gather and review medical records, consult with medical experts, and collect other evidence to show that negligent actions or omissions directly caused the birth injury. Proving medical negligence requires demonstrating that the care provided fell below accepted standards and that this failure led to your child’s injuries. By holding negligent healthcare providers accountable, families can pursue compensation and help prevent similar incidents from happening to others.
For families facing the challenges of a birth injury, financial compensation can be a crucial resource for securing the best possible future for their child. In Pennsylvania, birth injury victims may be entitled to both economic and non-economic damages. Economic damages cover tangible costs such as medical expenses, ongoing therapy, adaptive equipment, and future care needs. Non-economic damages address the pain, suffering, and emotional distress experienced by both the child and their family.
The amount of compensation depends on the severity of the injury, the child’s long-term prognosis, and the impact on the family’s quality of life. In some cases, punitive damages may also be awarded to punish negligent healthcare providers and deter future misconduct. A birth injury lawyer can help families understand the full scope of compensation available and advocate for their rights throughout the legal process. By pursuing compensation, families can ensure their child receives the medical care, support, and opportunities they deserve, while holding negligent parties accountable for their actions.
This wonderful organization provides one-on-one emotional support by connecting families with a trained support parent who has been on a similar journey. They have a free matching service to ensure you are connected with a family that has faced a similar situation. This is a great resource if you are looking for the best support in your time of need.
Website: https://www.parenttoparent.org/
The Parent Education & Advocacy Leadership (PEAL) Center is a fantastic resource for families with children who have disabilities or special health care needs. They provide support, resources, and training to help you navigate the complex worlds of special education and healthcare. They can help you find a great resource near you.
Website: https://www.pealcenter.org/
UCP is a well-known organization that offers a wide range of services for people with cerebral palsy and other disabilities. Their services often include support groups, educational programs, and advocacy to help improve the quality of life for individuals with disabilities. Their team of experts can help you find the best support for your child and family.
Website: https://www.ucpcentralpa.org/
Shriners is a national network of hospitals that provides specialized medical care for a wide range of conditions, including Erb’s Palsy and other birth-related injuries. They are known for their expertise in treating brachial plexus injuries and offer both surgical and non-surgical treatments. They are a national resource you can trust to help find the best care and support for a child with a birth injury.
Website: https://www.shrinerschildrens.org/
CHOP is one of the top children’s hospitals in the country and has a dedicated program for brachial plexus injuries. Their team of pediatric experts provides a coordinated, individualized treatment plan for infants and children. They also offer resources and educational materials to help families feel confident in the care they provide for their child.
The Arc is a national organization with local chapters that advocates for the rights of people with intellectual and developmental disabilities. They provide information, advocacy, and support programs for families. If you are looking for local support groups or resources in a community near you, The Arc can be an excellent place to start.
Website: https://thearcpa.org/
This is a program run by the Pennsylvania Department of Health that provides a helpline for information, resources, and services for children with special health care needs and disabilities. They can help families find doctors, specialists, and support groups. They also provide information on resources for getting financial help with medical bills and assistive technology.
What is the difference between a birth injury and a birth defect in Pennsylvania?
The most significant difference is the cause. A birth defect is a condition that a baby is born with, and it usually develops while the baby is in the womb. A birth injury, on the other hand, is harm that a baby suffers just before, during, or right after birth. These injuries are often caused by a difficult delivery or, in some cases, by a doctor or hospital staff member’s mistake. In Pennsylvania, it is estimated that about 7 out of every 1,000 births in some of our larger cities, like Philadelphia, face complications that could lead to an injury.
How can I tell if my child’s birth injury symptoms are a sign of a more serious, long-term problem in Pennsylvania?
A birth injury can have a wide range of effects, from bruises that heal quickly to serious, lifelong conditions. You should always watch your child for signs that something is wrong, especially as they grow. Some signs of a serious problem include developmental delays (like not sitting up or crawling on time), poor muscle control, or unusual movements. This is a crucial step in Pennsylvania, as a clear diagnosis can help our legal team understand if the injury was caused by medical negligence.
Will my child's birth injury heal, or is it permanent in Pennsylvania?
The answer to this depends on the type of injury. Some injuries, like a broken collarbone, usually heal completely with the proper medical care. Other, more serious injuries, like brain damage from a lack of oxygen, can be permanent. While conditions like cerebral palsy are not curable, therapy and treatment can often help a child improve and live a fuller life. An experienced medical team in Pennsylvania can give you a clear prognosis for your child’s specific injury.
How can I prove that my child’s birth injury was caused by medical negligence in Pennsylvania?
Proving medical negligence in Pennsylvania is a very complex process. It involves showing that the medical team failed to meet the standard of care—the way a reasonable professional would act in a similar situation. To prove this, our legal team would hire medical experts to review all of your family’s medical records. These experts would look for things like mistakes in the baby’s monitoring strips, improper use of delivery tools, or a delay in ordering a necessary procedure like an emergency C-section. In fact, a recent study found that 28% of birth injuries in Pennsylvania are linked to preventable medical errors.
What types of compensation can my family receive for a birth injury lawsuit in Pennsylvania?
If a birth injury was caused by medical negligence, a lawsuit can help a family in Pennsylvania get the financial resources they need to care for their child. Under Pennsylvania law, a family can seek compensation for both economic and non-economic damages. This can include money for past and future medical bills, therapy, special education, and adaptive equipment. It can also help pay for things like your child’s pain and suffering and the emotional distress the family has gone through.
Catastrophic child and birth injuries can shatter the lives of not just the babies and children, but also their families. Families are left to navigate a complex maze of medical challenges, financial burdens, and emotional turmoil. But, this is where Jeffrey Killino and his team of dedicated lawyers can provide the support and guidance families need most.
For over 2 decades, Jeffrey Killino and his team have secured life-changing results for babies and children facing catastrophic injuries. Our clients gain access to the best medical care, financial security, and peace of mind, knowing their futures are protected.
Jeffrey Killino and his team of child and birth injury lawyers are committed to go beyond securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives. We’re dedicated to supporting them throughout their journey, even after their case is resolved.
Jeffrey Killino and his team of child and birth injury lawyers are committed to more than just securing multi-million dollar settlements and verdicts. We measure our success by our positive impact on our clients’ lives, helping them access the best medical care, achieve financial security, and find peace of mind. We also actively work to prevent injuries and promote safety for everyone.
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