Philadelphia Birth Injury Lawyer

Child Trust Fund

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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, which includes experienced medical malpractice lawyers, has helped countless families across Pennsylvania, including many right here in Philadelphia, navigate the unexpected heartache of a birth injury. As a birth injury law firm with extensive experience in personal injury cases involving birth injuries, we are dedicated to supporting families through these challenging times. 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. In many cases, a child suffered significant harm as a result of these injuries. It can be caused by unexpected medical problems, but too often, it’s due to a mistake or carelessness by the medical team. As advocates for injured children and their families, we help birth injury victims pursue justice and secure the support they need. 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.

If your family has been affected by a birth injury, pursuing a personal injury claim may be an important step toward obtaining compensation and holding negligent parties accountable.

What Are Medical Malpractice Birth Injuries, and How Do They Happen in Philadelphia Hospitals?

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, including permanent injuries. They can happen for many reasons, but often, it’s because of complications during labor and delivery that aren’t managed correctly. A medical mistake or medical error by a healthcare provider, medical professional, or medical practitioner can also lead to birth injuries. Birth injuries occur in various settings, including a hospital or birthing center, and birth injury occurs most often due to preventable medical errors or negligence.

Here are some of the most common medical malpractice birth injuries we see, and how they can occur:

Common birth injuries include cerebral palsy, brachial plexus injuries, and brain bleeds. It is important to distinguish between a birth defect, which is a condition present at birth due to natural causes, and a birth injury, which results from trauma or medical errors during delivery. Birth defects may be congenital, while birth injuries are often preventable.
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): Erb’s palsy occurs when the nerves in a baby’s neck and shoulder are damaged during delivery, affecting arm and hand movements. It usually results from excessive force or pulling on the baby’s head and neck as they pass through the birth canal, 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.

The injuries sustained during birth can have significant consequences, including brain damage, permanent injuries, and long-term disabilities for the child.

How Can Complications During Delivery Lead to These Injuries?

Many birth injuries happen because something goes wrong during labor or delivery, and the medical team doesn’t manage it correctly. Complex birth injury cases often require experienced legal and medical expertise to determine the cause and responsible parties.

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.

When determining responsibility, medical professionals, including any medical practitioner involved in the delivery, may be liable for injuries caused by negligence or failure to meet the standard of care. Multiple medical professionals may be involved in diagnosing, treating, or causing birth injuries.

Types of Birth Injuries Philadelphia Families Should Know About

When a child suffers a birth injury, the effects can be life-changing for the entire family. Understanding the different types of birth injuries is essential for Philadelphia parents who want to protect their child’s future and hold the right parties accountable. If you suspect your child’s injuries may be the result of medical malpractice or medical negligence, consulting with a birth injury lawyer or experienced birth injury attorneys can make all the difference in your journey toward justice and recovery.

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 financial burden is even greater when considering the ongoing expenses for future medical treatments that may be required throughout the child’s life to address the effects of the child’s injuries.
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. When a child’s injury is severe, families face additional challenges in securing the necessary care and support for their child’s injuries.

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. Securing resources for an injured child is essential to ensure they receive the care and support needed for their long-term well-being.

When Do Birth Injuries Point to Medical Negligence in Philadelphia Hospitals?

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. When a birth injury occurs due to negligence, it may give rise to a medical malpractice case or multiple medical malpractice cases, which require careful legal evaluation and action.

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. Filing a medical malpractice claim or pursuing medical malpractice claims is often necessary to seek justice and hold the responsible parties accountable.

Here are common scenarios where medical malpractice might be involved in Philadelphia birth injuries, and each of these situations can lead to a birth injury claim or multiple birth injury claims:

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. Sometimes, there are obvious warning signs—such as abnormal heart rate patterns or decreased fetal movement—that should immediately alert the team to potential problems. 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.

Key Takeaways for Your Family in Philadelphia

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 you are seeking local expertise, consult our Philadelphia birth injury lawyers for guidance. For cases in Pennsylvania, working with our experienced Philadelphia birth injury attorneys can be crucial to securing the compensation your family deserves.

How Can The Child and Birth Injury Firm Help Your Family with Medical Malpractice Birth Injuries in Philadelphia?

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. As a dedicated birth injury law firm, we are experienced in child injuries and 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 consultation to families considering legal action, so you can discuss your child’s case, understand your legal options, and receive guidance from our experienced attorneys. You pay absolutely nothing up front, 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.

Top Resource Groups in Philadelphia

CHOP Neurorehab Parent Support Group (Children’s Hospital of Philadelphia)

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

Brain Injury Association of Pennsylvania

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/

After the Injury – CHOP Family Support Services

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

Penn Medicine Birth Trauma Recovery Group (Penn Hospital)

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

Beyond Birth Support Group – PAH Penn Parenting Resource Center

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

Oshun Family Center

Focused on perinatal mood and anxiety disorders, including birth trauma.

Offers counseling, lactation support, and family-centered therapy for emotional recovery. oshunfamilycenter.org

Additional Helpful Organizations

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.

Common Questions about Birth Injury in Philadelphia

What if my child's birth injury wasn't diagnosed until years later? Can we still pursue a case in Philadelphia, PA?

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.

The hospital says my baby's injury was an unavoidable 'complication' of birth. How do you prove it was actually malpractice?

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. A medical expert is essential for establishing what the standard of care should have been and for supporting your legal claim with authoritative testimony. We do this by:

Meticulously reviewing every single page of medical records from pregnancy, labor, and delivery. We look for hidden details, timing issues, or missed warning signs.
Consulting with independent medical experts. These are highly respected doctors, nurses, and specialists who have no connection to your case. They review the records and tell us if the care provided met the standard of care. This “battle of the experts” is how negligence is proven in court. It’s their professional opinion against the hospital’s claim.

What kind of money are we actually talking about for a birth injury case, and how would that money help my child long-term in Philadelphia?

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. The goal is to recover compensation for all expenses related to the injury, easing the financial burden on your family.

Birth injury settlements or awards are designed to provide for your child’s lifelong needs. This means compensating for:

All past and future medical care: Doctors, surgeries, medications, therapies.
Future medical treatments: Ongoing therapies, surgeries, and specialized care your child may require as they grow.
Special equipment: Wheelchairs, braces, communication devices.
Home modifications: Making your home accessible.
Special education and vocational training.
Lost earning capacity: What your child might have earned as an adult if not for the injury.
Pain and suffering. These funds are often placed into a special account called a Special Needs Trust or structured as annuities (payments over time). This protects the money, ensures it’s used for your child’s care, and doesn’t affect their eligibility for government benefits (like Medicaid or SSI). It’s about providing the best quality of life and security possible for your child, long after the lawsuit is over.

Do we sue the individual doctor, the hospital, or both in a birth injury case in Philadelphia? Are they different legal fights?

We carefully decide who to sue based on our investigation. Often, we sue both the individual doctors, nurses, and the hospital itself. A hospital or birthing center, as well as any healthcare provider involved in the delivery, may be held liable if their negligence caused a birth injury. 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.

This whole process sounds incredibly long and emotionally draining. How does your firm support families through such a difficult legal journey?

As a birth injury law firm, we are dedicated to supporting birth injury victims and their families throughout the legal process. 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.

Practice Areas

Birth Injury

Cerebral Palsy

Cerebral Palsy

C-Section

C-section injuries

Fetal Death

HIE | Hypoxia

Labor and Delivery

Maternal Death

Maternal Death

NICU Injury

NICU Injury

Postnatal Care

Newborn jaundice

Prenatal Care

Fetal Surgery
High-risk pregnancies
Premature Preterm Rupture of Membranes (PPROM)
Premature Rupture of Membranes
Preterm or Premature Labor
Spinal birth defects
Twin birth defect
Twin to Twin Transfusion Syndrome

NO COST, NO OBLIGATION,
CONFIDENTIAL CONSULTATION.

Testimonials

K

Keri S

4 months ago

An absolutely amazing lawyer, & staff. Everyone met me at a personal level, & a professional level. I’d give them 10 stars if I could.

T

Trisha H

4 months ago

My sisters and I are so very grateful for The Killino Firm. They worked tirelessly for over three years on our case, were very attentive and kept us updated every step of the way. Aside from being gifted at what they do, Jeff and Dawn are so caring and understanding. Every single person we were in contact with from the firm was professional and kind. We will always recommend this firm! We really can’t thank them enough.

C

Courtney S

4 months ago

We contacted this firm when our son suffered a birth injury. They listened to our potential case and took us on. They helped us all the way through the process, always took my calls and questions. Killino is very passionate about his work and it felt like he was upset for our son like he was his own child. The paralegal, Kayla, was always on top of things and helpful. The whole firm that we worked with really did their best for us and now we have what we need to care for our son. We couldn’t be more grateful.

R

Rhonda L

4 months ago

They helped me get through a terrible situation they were relentless for fighting on my behalf and because of there hard work my situation was resolved very favorable for me and my family I can’t thank them enough if you need help call them first you won’t be sorry

M

Michaelene C

4 months ago

Highly knowledgeable, listened to my concerns, gave wonderful advice and took a genuine interest in my case. Absolutely the best lawyers and firm around. Would highly recommend them to anyone looking for competent lawyers to handle their case no matter how complicated.

C

Corey E

4 months ago

The Killino firm is an excellent firm that tirelessly advocates on behalf of their clients. I’ve come across a lot of great personal injury attorneys in my time and simply put, Killino is the best.

J

Jeanne Y

4 months ago

Since day one I called the Killino firm, I was heard and taken care with respect. I very much thank Jeff for his proffesionalism and commitment. some days I’d email him in the middle of the night and exepct a response within an hour. They went beyond our spectactions. He did as promised. my husband and I are grateful for working with you. I’d 100% recommend this firm!!! thank you Jeff and the team

R

Reggie B

4 months ago

Jeff and his team at Killino Law Firm are truly exceptional! They took on my daughter’s challenging case when no one else would, and their dedication, expertise, and compassion made all the difference. Thanks to their amazing work, we can now take care of our daughter for the rest of her life. Jeff handled everything with professionalism and kept us informed every step of the way. If you’re in need of a personal injury & accident lawyer, look no further—Jeff is your guy. I can’t recommend him and his exceptional team enough!

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

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.

Life-Changing Financial Security

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.

Ongoing Client Support and Protection

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.

Caring for Clients and the Community

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.

Philadelphia Birth Injury Lawyer

Child Trust Fund

Fill out and submit the form below for a confidential doctor/lawyer review:

What Are Medical Malpractice Birth Injuries, and How Do They Happen in Philadelphia Hospitals?

How Can Complications During Delivery Lead to These Injuries?

Types of Birth Injuries Philadelphia Families Should Know About

When Do Birth Injuries Point to Medical Negligence in Philadelphia Hospitals?

Key Takeaways for Your Family in Philadelphia

How Can The Child and Birth Injury Firm Help Your Family with Medical Malpractice Birth Injuries in Philadelphia?

Top Resource Groups in Philadelphia

CHOP Neurorehab Parent Support Group (Children’s Hospital of Philadelphia)

Brain Injury Association of Pennsylvania

After the Injury – CHOP Family Support Services

Penn Medicine Birth Trauma Recovery Group (Penn Hospital)

Beyond Birth Support Group – PAH Penn Parenting Resource Center

Oshun Family Center

Additional Helpful Organizations

Common Questions about Birth Injury in Philadelphia

Practice Areas

NO COST, NO OBLIGATION, CONFIDENTIAL CONSULTATION.

Testimonials

K

Keri S

4 months ago

T

Trisha H

4 months ago

C

Courtney S

4 months ago

R

Rhonda L

4 months ago

M

Michaelene C

4 months ago

C

Corey E

4 months ago

J

Jeanne Y

4 months ago

R

Reggie B

4 months ago

Child & Birth Injury Lawyers: Making a Difference When It Matters Most

NO COST, NO OBLIGATION,
CONFIDENTIAL CONSULTATION.