Scranton Birth Injury Lawyer

Personal Injury Lawyers / Scranton Personal Injury Lawyer / Scranton Birth Injury Lawyer

When you hire a skilled and caring Scranton birth injury lawyer, you can hold the healthcare provider responsible. This is done under Pennsylvania’s medical malpractice laws. A birth injury can have lifelong consequences for your baby. Your child may need a lot of medical care and therapy for many years. They might also have a different quality of life as an adult. If a doctor or other medical professional caused your child to suffer a birth injury, you are not alone. Call Munley Law today to meet with a birth injury lawyer in Scranton.

Why Choose Our Birth Injury Attorneys in Scranton

Hiring a birth injury lawyer is an important step for families in Scranton, PA, dealing with a birth injury. Their skills and local knowledge can help your case. They also provide emotional support. Their dedication can greatly affect the outcome of your legal fight. Here is why you should consider hiring our injury lawyer in Scranton:

•  Expertise in Complex Medical Laws: Birth injury cases often involve intricate medical details and legal nuances. Scranton birth injury lawyers deeply understand medical procedures and state laws. They can manage medical records well. They work with medical experts to prove malpractice that causes serious birth defects or injuries. They will build a strong case for you.
• Local Law Knowledge: Our lawyers in Scranton know the judges, the court system, and the best tactics for the area. This local expertise can be invaluable in effectively handling your case.
• Holding Negligent Parties Accountable: When you hire a birth injury lawyer, you seek compensation. You also hold medical professionals responsible for their actions. Doing so can help prevent similar incidents from happening to other families.
• Emotional Support and Guidance: Dealing with birth injury cases can be emotionally taxing for parents. A Scranton birth injury lawyer does more than handle legal cases. They also offer emotional support and guidance during this tough time. They understand the situation’s sensitivity and work as your attorney, confidant, and supporter.
• Maximizing Your Compensation: A skilled birth injury lawyer in Scranton knows how to calculate all damages. This includes medical expenses, future care costs, and emotional trauma. They are skilled negotiators who will fight to ensure you receive the maximum compensation you deserve.
• No Upfront Costs: Most birth injury lawyers in Scranton work on a contingency fee basis. They only get paid if you win your case. This arrangement allows you to pursue justice without worrying about upfront legal fees, making expert legal representation accessible regardless of your financial situation.

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Common Birth Injuries at Scranton Hospitals

Medical malpractice during childbirth happens when healthcare workers do not provide the expected care, causing injury. Examples can include actions by doctors, nurses, or other healthcare staff during pregnancy, labor, delivery, or right after birth.

Medical negligence in birth injury cases can happen in many ways. Each type can have serious effects on the child and family. Common types of severe birth defects and injuries caused by medical malpractice include:

Cerebral Palsy: Cerebral palsy is a brain disorder. It happens due to an injury or problem with the brain. This can occur before, during, or after birth. Cerebral palsy can greatly affect a child’s life. This damage can affect a child’s ability to control their muscles. Causes can include genetic disorders, infections in the mother, fetal stroke, or lack of oxygen to the brain. Other causes are traumatic head injury or infections in early childhood. Treatment may include occupational therapy, speech therapy, medications to manage symptoms (like muscle spasticity and seizures), and sometimes surgery.

Brachial Plexus Palsy Injuries: Erb’s palsy, known as brachial plexus palsy, occurs during childbirth. It results from an incident where the baby’s neck is excessively stretched to the side, leading to damage to the brachial plexus nerves. The aftermath can be severe, causing partial or complete loss of movement in the affected arm. The severity of the injury determines the type of treatment needed. This can include regular physical therapy or surgeries. In some cases, care may be required for the child’s entire life.

Fractures: Fractures, particularly of the collarbone or clavicle, can occur during childbirth. Sometimes, birth injuries happen by accident. However, they can also occur from improper handling of the baby during delivery. This includes using too much force.

Birth Asphyxia: Birth asphyxia is a serious condition. It happens when the baby does not get enough oxygen and blood flow to the brain. It occurs when the brain or organs do not get enough nutrients and oxygen before, during, or after birth. Causes of birth asphyxia can include several factors. One factor is not noticing a prolapsed umbilical cord. Another is poor monitoring of fetal distress. Slow responses to problems can also contribute.

Infections: If a mother has infections that are not found or treated, they can cause serious problems for the baby.

Recognizing medical negligence is vital for parents to understand their rights and the potential for legal recourse. It’s not only about getting compensation. It’s also about making sure healthcare standards are followed. We want to prevent similar incidents in the future.

If you suspect medical negligence, consulting with a Scranton medical malpractice lawyer can help. Remember, it’s about seeking justice and accountability and ensuring safer childbirth experiences for all.

What if My Child Dies During Birth in Scranton, PA?

When a child dies during birth in Scranton, it’s essential to determine whether medical malpractice plays a role. While not every birth-related death is due to malpractice, in cases where it is, families may have legal recourse. This is where the expertise of a Scranton birth injury attorney becomes invaluable.

Your case will need to be thoroughly investigated by a team of medical experts to learn what caused your child’s death. If the death happened because of a birth injury from medical malpractice, you can file a wrongful death lawsuit. Today, speak with an experienced Scranton wrongful death lawyer to learn your next steps.

There is no fee unless we win your case.

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Common Causes of Birth Injuries in Scranton, PA

Medical negligence is the most common cause of birth injuries in Scranton. Medical malpractice happens when healthcare providers do not meet the expected standard of care. This can lead to serious problems during childbirth. This negligence can happen before, during, or after birth, including actions or inactions that harm the child.

Healthcare professionals learn about the birthing process. They also watch for risk factors that could cause birth injuries. Some people may not act quickly in dangerous situations. They might not diagnose health issues in the mother or baby correctly. They may also fail to monitor them properly after childbirth.

Using birthing tools like forceps or vacuum extractors incorrectly can lead to medical negligence. Also, using too much force during childbirth can be a problem.

Vacuum extractors used to assist in delivery are employed in approximately 5% of births requiring assisted delivery methods. When problems happen during vacuum extraction, injuries can vary. They can include external trauma to the scalp. More serious issues may arise, such as skull fractures and bleeding in the brain. There can also be brain injuries and damage to the brachial plexus nerves. This damage can lead to conditions like Erb’s palsy.

Some of these injuries can heal on their own. However, serious problems can cause lasting harm to both the mother and the baby.

If your child dies or gets hurt from lack of oxygen, fetal distress, or other birth injuries, call Munley Law today. We will discuss all aspects of your case with you in detail and provide a free case evaluation of your birth injury claim.

What Evidence Is Needed to Prove a Birth Injury Was Caused by Negligence?

Often, we have access to a wealth of evidence you might not have on your own. We will request copies of your child’s medical records and see how the hospital documented the incident. We will also enlist the help of an expert witness who can testify to the proper standard of care your child should have received.

This expert will have training and experience like the doctor. They will work in the same field and area. We will have this expert sign our certificate of merit, as well. Pennsylvania requires this type of certificate in every medical malpractice case.

Once we have all the right evidence, we can inform the hospital and doctor. We will tell them we plan to file a lawsuit if they do not offer a fair settlement through their malpractice insurance. Usually, this prompts negotiations, and we can come to a fair settlement agreement.

Who Can File a Birth Injury Lawsuit in Scranton, Pennsylvania?

Parents or legal guardians can file birth injury lawsuits in Pennsylvania. This is because minors cannot file legal claims on their own.

Any money from the lawsuit is for the child’s benefit. It is often placed in a trust. It can also be used for medical expenses, therapy, and other needs related to the injury.

Working with an attorney who focuses on birth injuries and medical malpractice is essential. They can evaluate your case, collect vital medical evidence, and advocate for your family in court. Since Pennsylvania laws can be complex, a skilled lawyer can help protect your child’s rights. They can also help you get fair compensation for your child’s care.

Types of Compensation Available for a Scranton Birth Injury Lawsuit

Compensation for a birth injury claim can differ from case to case. This depends on the details of each lawsuit. In most cases, you may receive the following compensation for the birth injuries:

• Medical Expenses: This includes the cost of immediate medical care after the injury. It also covers ongoing and future medical costs related to the injury.
• Rehabilitation Costs: If the child requires therapy, these costs can be included in the compensation.
• Special Education Needs: If the child needs special education because of the injury, compensation can cover these costs.
• Pain and Suffering: This is compensation for the physical and emotional distress caused by the injury. In cases of severe birth injuries, the amount can be large. This considers how the injury affects the child’s quality of life for a lifetime.
• Emotional Distress: Parents can also receive compensation for their emotional pain and suffering due to their child’s injury.
• Punitive Damages: In some cases where the negligence is particularly egregious, punitive damages may be awarded. These are intended to punish the responsible party and deter similar conduct in the future.
• Wrongful Death: In cases where a birth injury causes a child’s death, parents may get wrongful death damages. These can cover funeral and burial costs, loss of companionship, and emotional pain.

It’s important to understand that laws about medical malpractice can vary by location. The same goes for compensation related to birth injuries. It’s best to talk to a birth injury attorney. They can help you understand your options and support your family.

How Long Do I Have to File a Birth Injury Lawsuit in Scranton, PA?

In Pennsylvania, you have two years to file a birth injury case. This time starts from the date of the injury. There are important differences between the deadlines for parents filing for a minor and for the child themselves.

• For parents filing for a minor: The two-year period starts on the injury date. It is paused until the child turns 18. This means parents must file a claim until the child’s 20th birthday.
• Minors who turn 18 have two years from their birthday to file a claim. This claim is for a birth injury that happened during their birth.

However, do not wait to discuss your personal injury claims with your legal representation. As time goes on, it can be harder to keep witnesses. Your memory of events may fade. Many other problems can come from waiting too long.

If you or your child is suffering a birth injury, talk to an attorney at Munley Law today. Call us for a free case evaluation. You pay nothing until we win your case.

What Are My Next Steps If I Suspect a Birth Injury?

If you think your child has a birth injury, take these steps. First, get medical help for your child. Next, write down everything related to the injury. Finally, talk to a skilled birth injury lawyer in Scranton.

• Seek Medical Attention: The priority is the health and well-being of your child. Seek medical attention for your child’s injuries and follow the advice of healthcare professionals.
• Document Everything:  Dealing with a birth injury can be emotionally and financially challenging. Make sure to get medical help and keep all your medical records. Take notes and keep a calendar of your doctor visits. Take photos and write down the names of any medical professionals you see. If your birth injury case goes to trial, your attorney can use anything you have recorded and kept for evidence to prove your case.
• Talk to a Birth Injury Lawyer: It is a good idea to talk to a birth injury lawyer in Scranton. They have experience with these cases. They can look at the case details, suggest legal options, and help the person through the legal process.

Discuss Your Child’s Case with Our Scranton Birth Injury Attorneys

The Scranton medical negligence lawyers at Munley Law have 65 years of experience handling birth injury claims in Scranton. We can review your case, consider your options for recovery, and fight for the payout you deserve. Your initial consultation is free, and we will not collect attorney’s fees unless we win a payout in your case.

Call us today to meet with our Scranton birth injury lawyer. The consultation is free, and we do not collect a fee unless your birth injury lawsuit is successful.

Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on August 8, 2025.

Munley Law Personal Injury Attorneys

227 Penn Ave.
Scranton, PA 18503
(570) 865-4699
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