Pittsburgh Birth Injury Lawyer

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What is a medical malpractice birth injury, and why does it happen to children in Pittsburgh?

Welcoming a new baby into the world is supposed to be one of the happiest times in a family’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. A birth injury occurs when harm is caused to a baby or mother during the birth process, often due to a doctor’s mistake, delivery complications, or improper use of labor-inducing medications. It’s a difficult and confusing time for any family, and it often leaves parents in Pittsburgh with many questions about what happened and why.

A child’s birth injury can have significant legal and emotional implications, affecting the entire family for years to come. When a child has suffered harm as a result of a birth injury, the consequences can be devastating, leading to both immediate and long-term challenges for the child and their loved ones.

The Medical Malpractice team at The Child Injury Firm has dedicated our careers to helping children and their families, and we have a deep understanding of the unique challenges that a birth injury brings. 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 medical malpractice 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 very serious and lead to long-term health problems. Many parents wonder if the injury was just an accident or if it could have been prevented. Not all birth injuries are due to negligence—some can occur even with proper care—but birth injuries caused by a doctor’s mistake, medical providers’ negligence, or preventable delivery complications may be grounds for a medical malpractice claim. Families who pursue legal recourse for these injuries often do so through birth injury claims, which are specific legal processes designed to seek compensation for damages. These birth injury claims are a part of broader medical malpractice cases, which address negligence and errors by healthcare professionals during childbirth. We want to help answer that question.

Types of Birth Injuries

Birth injuries can happen in many different ways, and understanding the specific type of injury your child or family member has suffered is an essential first step toward getting the right care and support. These injuries may occur during pregnancy, labor, or delivery, and are sometimes the result of medical malpractice, medical errors, or unexpected birth complications. Some birth injuries are immediately obvious, while others may take time to become apparent.

Here are some of the most common birth injuries that families in Pittsburgh may encounter:

  • Cerebral Palsy: A group of neurological disorders that affect a child’s movement, posture, and balance. Cerebral palsy is often linked to brain injury caused by hypoxic ischemic encephalopathy (HIE) or other complications during birth. Children with cerebral palsy may need lifelong therapy and support.
  • Brachial Plexus Injury: Damage to the network of nerves that control the shoulder, arm, and hand can result in weakness, loss of movement, or even paralysis of the affected limb. Brachial plexus injuries often occur when there is excessive force during delivery or when the baby’s shoulder becomes stuck—a situation known as shoulder dystocia.
  • Shoulder Dystocia: This serious birth complication happens when a baby’s shoulder gets lodged behind the mother’s pelvic bone during delivery. It can lead to physical trauma for both the baby and the mother, and may result in nerve injuries or fractures if not managed properly by healthcare providers.
  • Hypoxic Ischemic Encephalopathy (HIE): HIE is a type of brain injury that occurs when a baby’s brain is deprived of oxygen and blood flow during labor or delivery. Oxygen deprivation to the baby’s brain can cause permanent brain damage and lead to conditions like cerebral palsy or developmental delays.
  • Birth Trauma: Physical injuries sustained during the birthing process—such as bruising, swelling, or more severe injuries—can be caused by medical mistakes, improper use of delivery tools, or other complications. Injuries to the baby’s head, including swelling or marks, may result from the use of forceps or vacuum extraction during delivery.
  • Oxygen Deprivation: When a baby does not receive enough oxygen during delivery, it can result in serious brain injuries, developmental delays, or even death. Oxygen deprivation is often preventable with proper monitoring and timely intervention by medical professionals.
  • Physical Injury: This broad category includes any physical harm to the baby or mother during delivery, such as broken bones, cuts, or nerve damage, often resulting from medical errors or birth complications.

Birth injury results are the specific medical outcomes caused by trauma or complications during labor and delivery, such as neurological impairments, developmental delays, or physical disabilities. These results differ from birth defects, which are directly linked to events or interventions during childbirth.

In addition to these, there are other birth injuries that families should be aware of:

  1. Fractures: Broken bones, especially in the collarbone or arm, can occur during a difficult delivery or as a result of improper use of forceps or vacuum extractors.
  2. Cuts and Lacerations: Accidental cuts to the baby or mother may happen during a C-section or assisted delivery, sometimes due to medical mistakes.
  3. Infections: Bacterial or viral infections acquired during pregnancy, labor, or delivery can have serious consequences for both mother and child, especially if not promptly diagnosed and treated.
  4. Maternal Injury: Mothers can also suffer injuries during childbirth, including excessive bleeding, organ damage, or other complications that may be linked to medical negligence.
  5. Fetal Distress: This term refers to signs that a baby is not well during labor, often due to a lack of oxygen or other complications. If not recognized and managed quickly, fetal distress can lead to severe birth injuries.

Newborn babies are especially vulnerable to trauma during delivery, including brain damage, broken bones, and other injuries caused by complications or improper medical interventions.

Nerve damage and facial paralysis can occur when pressure is applied to a baby’s face during delivery, sometimes resulting in long-term impairment. Birth injury victims facing facial paralysis may require extensive medical care and rehabilitation to address the challenges caused by nerve damage.

If your child suffered a birth injury, or if you experienced a serious birth injury yourself, it’s crucial to consult with an experienced Pittsburgh birth injury attorney or birth injury lawyer as soon as possible. These legal professionals can help you understand your rights, investigate whether medical malpractice or medical negligence played a role, and guide you through the process of filing a birth injury claim or birth injury lawsuit. Legal action may be necessary to secure compensation for your child’s injuries and ensure they receive the support and care they need.

Birth injury cases are often complex and require the expertise of a skilled legal team familiar with medical malpractice claims and the unique challenges of birth injury litigation. At The Child Injury Firm, our experienced birth injury lawyers are dedicated to holding healthcare providers accountable and helping families secure the compensation they need for medical care, therapy, and a brighter future.

The costs associated with childbirth injuries can be overwhelming, making it essential to seek experienced legal services that understand the complexities of these cases and offer contingency fee arrangements.

No family should have to face the aftermath of a devastating birth injury alone. If you believe your child’s injuries were caused by medical errors, birth complications, or negligence, reach out to a Pittsburgh birth injury attorney for a free consultation. We are here to help you navigate the legal process and fight for the justice and support your family deserves. Birth injury claims are a form of personal injury action, allowing families to pursue compensation for harm caused by negligent medical care during childbirth.

How often do birth injuries happen in Pittsburgh, and what are the common causes?

When a birth injury happens, it can feel like you’re alone. But sadly, it’s not as uncommon as you might think. Birth injuries affect families across the country, and Pittsburgh is no exception. With top hospitals and thousands of births each year, Pittsburgh sees its share of these heartbreaking events. For example, a recent study from the U.S. National Library of Medicine found that the rate of birth injury for every 1,000 live births in the United States is around 3.17, which shows how often this problem occurs. It is one of the most common causes of a newborn baby’s death in Allegheny County.

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. It’s important to distinguish between birth injuries, which are caused by trauma or complications during delivery, and birth defects, which are conditions that develop before birth and are not typically caused by the delivery process. Certain risk factors, such as low birth weight, prolonged labor, or pre-existing maternal conditions, can increase the likelihood of birth injuries. Medical professionals are trained to handle the stress of childbirth, and when they fail to provide the best care, it can lead to a preventable injury. Health care providers play a critical role in ensuring safe deliveries and preventing birth injuries through proper monitoring and timely intervention. Additionally, the use of labor inducing medications, if not properly administered or monitored, can pose significant risks and contribute to birth injuries.

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. 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, especially in busy hospitals. Birth injuries caused by delivery complications or errors during the birth process can have serious consequences for the baby’s brain, leading to developmental delays, motor disabilities, or cognitive impairments.

Another common cause is the 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. Medical experts are often consulted to review whether the use of such tools was appropriate and to determine if medical negligence occurred. 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. A study by the Journal of Pediatric Orthopaedics noted a decrease in this type of injury in some parts of the country, but it remains a significant concern for many families.

What should a family in Pittsburgh do after a birth injury caused by medical Malpractice? When to contact our Pittsburgh birth injury lawyer.

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 at a hospital near you or getting a second opinion. You want to make sure your child is getting the best possible treatment. After that, it is also essential 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. 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.

Second, seek a precise diagnosis. It’s essential to find out exactly what the injury is and what caused it. An accurate 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 legal team understand if the injury was preventable.

Families may need to file a birth injury claim or pursue birth injury lawsuits to seek compensation for their child’s injuries. This process often involves initiating a medical malpractice claim to hold healthcare providers accountable for negligence. Medical malpractice lawsuits are a common way for families to seek compensation for the costs and damages resulting from preventable birth injuries.

And finally, you should call the medical malpractice team of birth injury lawyers at The Child Injury Firm. We have decades of experience with birth injury cases in Pittsburgh. This might not be what you want to think about right now, but it is important to act quickly. In Pennsylvania, the statute of limitations for medical malpractice claims, including birth injury cases, sets a strict deadline for when you can file a birth injury lawsuit. 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. We can help you know if a mistake caused your child’s injury and what your options are for moving forward in a medical malpractice case. Pittsburgh birth injury attorneys have expertise in handling complex malpractice claims and can guide families through the legal process.

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 medical malpractice 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. For families dealing with serious birth injuries, there are state-sponsored programs and resources available to help cope with the physical, emotional, social, and financial impacts. Legal representation from our experienced birth injury attorneys can make a significant difference in securing the compensation your family deserves.

We understand that this is a difficult time for you. Our team is here to listen and help you find the answers you need. Consulting an experienced birth injury lawyer is crucial to evaluating your case and ensuring your rights are protected.  

Proving Negligence in Birth Injury Cases

When a family is faced with the aftermath of a birth injury, one of the most important—and often most challenging—steps is proving that medical negligence occurred. This is where the experience and dedication of a Pittsburgh birth injury attorney become invaluable. Proving negligence in birth injury cases is a detailed process that requires a deep understanding of both medical malpractice law and the complex realities of childbirth.

In the context of a birth injury claim, negligence means that a healthcare provider—such as a doctor, nurse, or hospital—failed to provide the standard of care that a reasonably skilled medical professional would have delivered under similar circumstances. This failure must be directly linked to the birth injury your child suffered. Not all birth injuries are the result of negligence, but when medical errors or lapses in judgment cause harm, families have the right to seek justice through a birth injury lawsuit.

Key Takeaways

  • Birth injuries are more common than you think, and they can often be prevented. A lack of oxygen or improper use of tools can cause serious, lifelong injuries.
  • Your child deserves the best medical care possible. Your first priority should be to get a clear diagnosis and start a treatment plan.
  • Documentation is key. Keep all your medical records and a journal of what happened to help build your case later on.
  • Don’t wait. There are time limits for filing a lawsuit in Pittsburgh, PA. The sooner you speak with a legal team that specializes in these cases, the better.

Top Resource Groups in Pittsburgh

1

The Children’s Institute of Pittsburgh

The Children’s Institute provides comprehensive support services for families with children who have special needs, including those with birth injuries. Their team offers in-home family services, therapy, and a range of programs designed to help children and families thrive. They are a valuable resource for finding a great resource near you.

2

UPMC Children’s Hospital of Pittsburgh

UPMC Children’s Hospital is a world-class facility with dedicated programs for a wide variety of birth injuries and related conditions. They offer a multidisciplinary approach to care, with teams of specialists, including pediatric neurologists, orthopaedic surgeons, and physical therapists, all working together to create the best treatment plan for your child. They are also known for their support services, including their Neonatal Intensive Care Unit (NICU).

3

The PEAL Center

The Parent Education & Advocacy Leadership (PEAL) Center is a great resource for families of children with disabilities and special health care needs. They offer training, information, and advocacy to help parents understand their rights and how to navigate the educational and healthcare systems. Their services can help you find a community of support.

4

UPMC Rehabilitation Institute

The UPMC Rehabilitation Institute offers a variety of specialized pediatric rehabilitation programs designed to help children regain function and improve their quality of life after an injury. Their team provides physical, occupational, and speech therapy, all aimed at helping your child meet their developmental milestones. This is a crucial step in a child’s recovery, and you can find a great resource near you to help with your child’s rehabilitation.

5

The Children's Home & Lemieux Family Center

This organization offers a range of services for medically fragile children in a warm, home-like setting. They have a pediatric specialty hospital that provides skilled nursing and therapeutic services, which can be particularly helpful for children with complex needs from birth injuries. They are known for their commitment to providing a supportive, family-centered environment.

6

ACHIEVA

ACHIEVA is a local organization dedicated to helping children and adults with disabilities in the Pittsburgh area. They provide lifelong support, including early intervention programs, advocacy services, and educational resources for families. They are an excellent resource for families looking for guidance and a supportive community.

Common Questions about Birth Injury in Pittsburgh

What is the difference between a birth injury and a birth defect in Pittsburgh?

The biggest 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, a mistake made by a doctor or hospital staff. In Allegheny County, home to Pittsburgh, over 10,000 babies are born at UPMC Magee-Womens Hospital each year, so it is important for families to understand the difference between these two conditions.

What is the typical legal process for a birth injury case in Pittsburgh?

The legal process for a birth injury case in Pittsburgh generally has a few key steps. First, your legal team will conduct a thorough investigation, which includes gathering and reviewing all of your medical records from hospitals like UPMC Children’s Hospital or West Penn. Second, our team will file a formal complaint with the court. After that, both sides will engage in a process called “discovery,” where they exchange information and evidence. Most cases are resolved through a negotiated settlement, but if a settlement cannot be reached, the case may proceed to a trial where a jury will decide the outcome.

Will my child's birth injury heal, or is it permanent in Pittsburgh?

The answer to this depends on the type of injury. Some injuries, like a broken collarbone, usually heal completely with the right 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 Pittsburgh can give you a clear prognosis for your child’s specific injury.

What types of compensation can my family receive for a birth injury lawsuit in Pittsburgh?

If a birth injury was caused by medical negligence, a lawsuit can help a family in Pittsburgh 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. 

How has technology changed the way birth injury cases are handled in Pittsburgh?

Technology has made a huge difference. Today, our medical malpractice legal team can use electronic health records, which provide a very detailed, minute-by-minute account of a delivery. Our lawyers can also use advanced computer models to help visualize what happened during a complicated birth. Additionally, they can analyze fetal heart rate monitor strips with specialized software to spot signs of fetal distress that may have been missed by a medical team. This technology helps to build a stronger case, making it much easier to prove that a medical mistake occurred and that a birth injury could have been prevented.

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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.

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