Hundreds of Millions of Dollars Have Been Recovered for Injured Babies and Children
"*" indicates required fields
The birth of a baby should be one of the best and most joyful days in a family’s life. The Medical Malpractice team at The Child and Birth Injury Firm has helped countless families across Pennsylvania, including many right here in Philadelphia, navigate the unexpected heartache of a birth injury. When that special day turns into a journey of worry and complex questions, our team is here to help. We’ve been doing this work for decades, standing by children and their families when they’ve been injured.
You see, while most births go smoothly, sometimes something goes wrong. A birth injury happens when a baby is harmed during pregnancy, labor, or delivery. It can be caused by unexpected medical problems, but too often, it’s due to a mistake or carelessness by the medical team. Our goal today is to talk openly about medical malpractice birth injuries in Philadelphia, what they are, why they happen, and how our team can help your family find answers and fight for the best possible future for your child.
A birth injury is any harm a baby suffers during the birthing process. These injuries can range from mild to very severe, and some can have lifelong effects. They can happen for many reasons, but often, it’s because of complications during labor and delivery that aren’t managed correctly.
Here are some of the most common medical malpractice birth injuries we see, and how they can occur:
Cerebral Palsy (CP): This affects a child's movement, muscle control, and balance. CP often results from the baby's brain not getting enough oxygen (called hypoxia or asphyxia) during birth. This can happen if the umbilical cord gets squeezed or if labor goes on for too long. According to the Centers for Disease Control and Prevention (CDC), Cerebral Palsy is the most common motor disability in childhood, and a certain percentage of cases are linked to birth asphyxia. (Source: CDC.gov).
Erb's Palsy (Brachial Plexus Injury): This happens when the nerves in a baby's neck and shoulder are damaged during delivery, affecting arm and hand movements. It usually occurs if there's too much pulling or stretching on the baby's head and neck, especially if the baby's shoulder gets stuck (called shoulder dystocia). The American College of Obstetricians and Gynecologists (ACOG) states that brachial plexus injuries happen in as many as 1 to 3 out of every 1,000 live births. (Source: ACOG Practice Bulletin No. 132).
Brain Bleeds (Hemorrhages): Bleeding inside or around a baby's brain can cause serious damage. These are often linked to physical trauma during birth.
HIE, or Hypoxic-Ischemic Encephalopathy: A type of brain injury that occurs when a baby's brain doesn't receive enough oxygen or blood flow around the time of birth. This lack of oxygen can be caused by various complications during labor and delivery, such as a prolapsed umbilical cord, placental abruption, or maternal hypotension. The resulting damage to the brain can lead to long-term neurological problems, including cerebral palsy, developmental delays, and other disabilities.
Many birth injuries happen because something goes wrong during labor or delivery, and the medical team doesn’t manage it correctly.
Misuse of Delivery Tools: Tools like forceps or vacuum extractors are sometimes used to help guide a baby out during a difficult labor. If used improperly, with too much force, or for too long, they can put extreme pressure on a baby's head, leading to brain bleeds or skull fractures. A study published in the U.S. National Library of Medicine found that the risk of newborn trauma is significantly increased with the use of these tools. (Source: PMC - Head Injury during Childbirth).
Prolonged or Difficult Labor: If labor goes on for too long, or if the baby is very large, there can be too much prolonged pressure on the baby or a lack of oxygen.
Failure to Perform a Timely C-Section: If a vaginal delivery becomes too risky (e.g., the baby is too large, or there's prolonged fetal distress), doctors must perform an emergency C-section. Delaying this can expose the baby to excessive trauma or oxygen deprivation.
Maternal Infections: Untreated infections in the mother during pregnancy can also harm the baby, sometimes leading to problems like Cerebral Palsy.
A birth injury changes everything. It’s not just about the medical condition itself; it impacts every part of a family’s life – physically, emotionally, and financially.
Massive Financial Burden: The cost of caring for a child with a serious birth injury is staggering. According to the CDC, developmental disabilities caused by birth injuries, like Cerebral Palsy, have an average lifetime cost of millions of dollars. (Source: CDC).
The "Hidden" Costs: This isn't just about medical bills. A huge part of the expense comes from "indirect costs," like lost wages if a parent has to stop working to provide full-time care for their child. For Cerebral Palsy, these indirect costs (like lost wages from a parent's inability to work) make up over 80% of the average lifetime financial burden faced by families. (Source: The American Journal of Managed Care). This is a stat very few people realize – it’s not just medical bills, but a lifetime of lost income and opportunities for the whole family.
Children with severe birth injuries often need specialized education, home and vehicle modifications (like ramps or special vans), and expensive medical equipment.
These costs are impossible for most families to manage alone, especially if the injury could have been prevented. This is where a dedicated Medical Malpractice team of Birth Injury Lawyers becomes your family’s strongest advocate.
This is the most challenging question for many families. It’s about whether the injury could have been avoided if the medical team had provided the best care. Our firm believes that many birth injuries, especially serious ones, are preventable.
Medical negligence happens when a doctor, nurse, or hospital acts carelessly or makes a mistake that falls below the accepted standard of care, and that mistake causes harm to the baby.
Here are common scenarios where medical malpractice might be involved in Philadelphia birth injuries:
Failure to Monitor: The medical team doesn't properly watch the baby's heart rate during labor, missing signs that the baby is in distress and not getting enough oxygen. Fetal distress (when a baby isn't getting enough oxygen) is estimated to occur in 5% to 10% of deliveries. (Source: U.S. National Library of Medicine). Missing this is a major red flag.
Improper Use of Delivery Tools: As mentioned earlier, using forceps or vacuum extractors incorrectly, too forcefully, or for too long.
Delayed C-Section: Knowing when to perform an emergency C-section is critical. If a doctor delays a necessary C-section despite clear signs of danger to the baby, it can lead to severe injury.
Communication Errors: One of the most overlooked causes of medical mistakes is poor communication. Studies have shown that a lack of or miscommunication between a mother's birthing team is a primary factor in a significant percentage of preventable birth injuries. This means a misunderstanding between a doctor and a nurse, or during a shift change, can have tragic consequences for a baby.
The problem often starts before birth: Many birth injuries are connected to issues during prenatal care or a doctor's decision about how to deliver the baby.
Negligence is about the "best" care: An injury could be malpractice if the medical team's actions fell below the accepted standard of care.
Birth injuries have a huge financial cost: The lifetime cost of caring for a child with a serious birth injury can be millions of dollars, with a large part of that being from lost wages for parents.
There are real racial disparities in birth complications in Philadelphia: In Philadelphia, birth complications are 63% more common for mothers in majority Black communities and 32% higher in majority Hispanic communities compared to majority white communities. (Source: Billy Penn at WHYY). These disparities can sometimes point to systemic issues in care that demand a closer look.
Legal help is near me: We are here to help families in Philadelphia. Our firm of medical malpractice birth injury lawyers works on a contingency fee basis, so you pay nothing up front.
If your child has suffered a birth injury in Philadelphia or anywhere in Pennsylvania, and you suspect it could have been prevented, our team at The Child and Birth Injury Firm is here for you. We have been practicing for decades, helping children and their families when they’ve been injured. We specialize in child injuries, and we have a deep understanding of the unique challenges these cases present.
We are highly rated by our clients and have won multiple awards, which shows our dedication and proven results. We pride ourselves on being an experienced, expert, authoritative, and trustworthy resource for families facing these difficult times. Our commitment is to fight for the best possible future for your child.
Don’t face this alone. The consequences of a birth injury are lifelong, and your child deserves the best care and resources. We offer a free, no-obligation consultation near me to discuss your child’s case. You pay absolutely nothing upfront, and we only get paid if we win your case.
Contact The Child and Birth Injury Firm today. Our team of dedicated Medical Malpractice Birth Injury Lawyers is ready to stand by your side, explain your options clearly, and fight for the justice your child deserves.
A support group for parents and caregivers of children with traumatic or acquired brain injuries, run by CHOP social workers and parents.
Meets monthly in Philadelphia, offering conversation, education, and community support.Children's Hospital of Philadelphia
Covers the entire state, offering virtual and in-person support groups aimed at families affected by brain injuries—including birth-related cases.
Provides education, advocacy, and opportunities to connect with other families. https://www.biapa.org/
Hosted by CHOP for families facing a child's serious illness or injury.
Offers support groups, workshops, and resource connections, including counseling and caregiver support. https://www.chop.edu/king-prussia-campus/family-support-services
An 8-week confidential therapy group for survivors of birth trauma, led by a licensed professional counselor.
Helps address emotional impact and healing after traumatic birthing experiences. Penn MedicineBilly Penn at WHYY+1Wikipedia+1
Ongoing peer and professional support for birth trauma and perinatal mental health issues.
Offers guidance for families managing emotional recovery post-birth. Children's Hospital of Philadelphia+5guides.library.upenn.edu+5Billy Penn at WHYY+5
Focused on perinatal mood and anxiety disorders, including birth trauma.
Offers counseling, lactation support, and family-centered therapy for emotional recovery. oshunfamilycenter.org
Philly Loves Families / Maternal Mental Health: Offers mental health resources and postpartum/post-trauma support, including the national hotline 1-833-943-5746. phillylovesfamilies.com
CAP4Kids & ACES Philadelphia: Provides trauma‐informed parenting resources, workshops, and classes tailored for families dealing with adversity and injury.
This is a very important and common worry for parents. Sometimes, serious birth injuries, especially those affecting the brain, aren't immediately obvious. A child might seem okay at birth, but then developmental delays (like not walking or talking on time) become clear later, leading to a diagnosis of Cerebral Palsy or another condition.
In Pennsylvania, you generally have a longer time to file a birth injury lawsuit for a child. While adults usually have two years from the time they knew (or should have known) about the injury, for a child's birth injury, the law allows the case to be filed until the child reaches their 20th birthday (that's two years after they turn 18). This special rule for minors recognizes that children can't pursue their own claims until they're adults, and serious injuries might not be fully known right away. However, it's always best to talk to us as soon as you suspect a problem, because evidence can disappear over time.
This is the central challenge in almost every birth injury lawsuit, and it’s why you need an expert Birth Malpractice Lawyer. Hospitals and doctors will always claim they did nothing wrong.
We don’t just take their word for it. Proving malpractice (negligence) means showing that the medical team’s actions fell below the “accepted standard of care.” This is what a reasonable, skilled doctor or nurse would have done in the same situation. We do this by:
Families are often overwhelmed by the idea of legal compensation, but it’s about securing your child’s future. It’s not a lottery win; it’s about covering real, immense costs.
Birth injury settlements or awards are designed to provide for your child’s lifelong needs. This means compensating for:
We carefully decide who to sue based on our investigation. Often, we sue both the individual doctors, nurses, and the hospital itself. Hospitals can be held responsible for the negligence of their employees (nurses, residents, staff doctors) and for their own actions, like having unsafe policies, understaffing, or failing to maintain equipment. Suing both often gives your child the best chance at full compensation, as hospitals usually have much deeper pockets than individual doctors. It also allows us to investigate all angles of potential negligence within the medical system.
Our Birth Injury Medical Malpractice law firm prides itself not just on legal skill, but on compassionate support. We handle all the legal heavy lifting, from gathering records to dealing with court procedures, so you can focus on your child. We keep you informed at every step, explaining complex legal terms in plain language. We also connect families with support groups and resources in the Philadelphia area that can help with the day-to-day challenges of caring for a child with special needs. We become your strongest advocates, your voice, and your support system, making sure you never feel alone in this fight for justice and your child's best future.
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.
Text With Us
We'll text you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Call Me
We'll call you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Book A Consultation
We're ready to answer your questions!
Email Us
We're available by email!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Text With Us
We'll text you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
Call Me
We'll call you!
"*" indicates required fields
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Privacy Policy
