If you believe your child experienced a birth injury due to the actions or negligence of a healthcare professional, Munley Law’s Bethlehem birth injury lawyers want to ensure you and your child receive justice. With more than 250 years of combined legal experience, we are leaders in the field and are equipped with the resources, expertise, and understanding to support you in pursuing a lawsuit against those responsible for your baby’s harm.
Having obtained settlements and verdicts totaling more than $1 billion for personal injury clients in Lehigh County, Northampton County, and wider Pennsylvania, our attorneys have been praised by the media and honored by peers and respected legal institutions and organizations. Martindale-Hubbell has given our partners its highest ratings (AV Preeminent), Best Lawyers, Super Lawyers, and the National Trial Lawyers have honored them with inclusion in prestigious lists, and the American Association for Justice has presented them with numerous awards. We’ve helped other parents of children who suffered birth injuries pursue justice and obtain compensation, and we can do the same for you.
Call the Bethlehem birth injury lawyer at Munley Law Personal Injury Attorneys for a free, no-obligation consultation. You have nothing to lose; we don’t get paid until you get paid.
Are Birth Injuries and Birth Defects the Same?
Although some Pennsylvanians use the terms interchangeably, birth injuries and birth defects are not the same. They are distinct in their nature and timing. Birth injuries occur during labor or immediately after delivery, specifically during the process of childbirth. They are injuries that occur to the baby during birth. On the other hand, birth defects occur while the fetus is developing in the womb.
These defects are often, although not exclusively, caused by genetic mutations, exposure to toxins, or certain medications during pregnancy.
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Call Us At 844-686-5397 What Causes Birth Injuries in Bethlehem, PA?
According to the Centers for Disease Control and Prevention’s (CDC) National Center for Health Statistics (NCHS), the ten leading causes of infant death in 2023 accounted for 65.3% of all infant deaths in the United States. These include congenital malformations, low birth weight, sudden infant death syndrome, unintentional injuries, maternal complications, bacterial sepsis of newborn, cord and placental complications, respiratory distress of newborn, intrauterine hypoxia and birth asphyxia, and diseases of the circulatory system.
Birth injuries in Bethlehem, PA, can arise from various causes. However, some common factors can contribute to the occurrence, including:
- Medical Negligence: Errors or negligence on the part of healthcare professionals, such as doctors, nurses, or midwives, during prenatal care, labor, or delivery can lead to birth injuries. This may include failure to monitor the baby’s well-being, improper use of medical instruments, delayed or improper response to complications, or medication errors.
- Difficult or Prolonged Labor: In some cases, complicated or prolonged labor can increase the risk of birth injuries. Factors such as fetal distress, abnormal fetal position, or a large baby can put added stress on the baby during the birthing process.
- Oxygen Deprivation: Oxygen deprivation, also known as birth asphyxia, is a significant issue that can result in various injuries to newborn infants. This deprivation may occur due to factors such as a prolapsed umbilical cord or underdeveloped lungs, commonly seen in premature births. It’s important to note that many brain-related birth injuries stem from oxygen deprivation during the birthing process. The most severe brain injuries can have long-lasting effects that persist throughout a person’s lifetime. According to Cerebral Palsy Guidance, oxygen deprivation accounts for 6% to 8% of all cerebral palsy cases.
- Premature Birth: Babies born prematurely are at a higher risk of birth injuries due to their underdeveloped organs and susceptibility to complications during the delivery process.
- Instrument-Assisted Delivery: The use of instruments, such as forceps or vacuum extractors, to assist in the delivery can sometimes lead to birth injuries if not used properly or if excessive force is applied.
- Maternal Health Conditions: Certain maternal health conditions, such as gestational diabetes, preeclampsia, or infections, can increase the risk of birth injuries if not properly managed during pregnancy and delivery.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
What Types of Compensation are Available for Your Bethlehem, PA Birth Injury?
By filing a birth injury lawsuit on your behalf, our Bethlehem birth injury lawyer aims to secure compensation for non-economic and economic damages. These include your child’s pain and suffering, as well as the financial burdens associated with their medical treatment, ongoing therapies, necessary adaptive equipment, home modifications, and other relevant expenses.
The objective of pursuing financial compensation is to provide you with the necessary resources to enhance your child’s quality of life and ensure they receive the necessary care and support.
In Pennsylvania, the compensation awarded in a birth injury case can vary widely depending on various factors, including the severity of the injury, the long-term impact on the child and family, the costs of medical treatment and rehabilitation, and the financial losses experienced by the affected parties. Your Bethlehem birth injury lawyer at Munley Law will work with experts to determine the full amount of compensation to pursue in negotiations or in court.
In general, the compensation in a birth injury case may cover:
- Medical Expenses: These include current and future expenses related to the injury, such as hospital bills, surgeries, therapies, medications, assistive devices, and other necessary treatments.
- Rehabilitation and Therapy Costs: Examples include costs associated with ongoing rehabilitation and various therapies to help the child recover or improve their condition.
- Pain and Suffering: Compensation may be awarded for the physical pain, emotional distress, and psychological suffering endured by the child and their family due to the birth injury.
- Lost Earnings and Future Loss of Income: Your lawyer will pursue compensation for lost earnings and/or future loss of income if the birth injury results in long-term or permanent disabilities that prevent the child from earning a living in the future.
- Home Modifications and Assistive Devices: This compensation is intended for modifications to the home environment or the use of assistive devices if the birth injury necessitates these accommodations.
How Do I Know if My Child Suffered a Preventable Birth Injury?
In certain situations, the occurrence of a birth injury or condition may be beyond the control of even the most skilled healthcare professionals. However, there are instances where birth injuries could have been prevented if the doctor, nurse, or other medical professionals had provided an appropriate standard of care.
It is crucial to differentiate between unavoidable circumstances and cases where inadequate care contributed to the birth injury or condition.
Birth injuries can be identified through various methods, including developmental tests, medical examinations, and recognizing signs and symptoms associated with such injuries. It’s important to note that not all birth injuries are immediately apparent at the time of delivery. While some may be evident immediately, others may only become noticeable when your child demonstrates developmental delays.
How Long Do I Have to File a Birth Injury Lawsuit in Bethlehem, PA?
When it comes to pursuing legal action for a birth injury in Bethlehem, PA, a claim can be filed by the family on behalf of the child or by the child.
If the family is filing a claim, there is a two-year timeframe starting from when the injury is discovered or reasonably should have been discovered. According to state law, a parent has a two-year window to make a claim for their infant who has suffered an injury. Specifically, under 42 Pa. C.S.A. § 5524(2), an action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another must be commenced within two years. Pennsylvania courts have adopted a discovery rule for injuries to the person. The statute does not begin to run until the injured party discovers or reasonably should discover that another’s conduct has injured him.
If the child is filing a claim, as long as the birth injury occurred before the child reached the age of 18, the court provides them with the opportunity to file a claim until they reach 20 years old. Specifically, under 40 P.S. Insurance § 1303.513, no cause of action asserting a medical professional liability claim may be commenced by or on behalf of a minor after seven years from the date of the alleged tort or breach of contract or after the minor attains the age of 20 years, whichever is later.
Why Choose Munley Law for Your Bethlehem Birth Injury Lawyer?
Defending the rights of injured Pennsylvanians since 1959, Munley Law is where you’ll find the best Bethlehem birth injury lawyers in Lehigh and Northampton counties. Several of our attorneys have been honored for their handling of medical malpractice cases.
Best Lawyers named Marion Munley Lawyer of the Year for Medical Malpractice Law and Personal Injury Litigation, while the National Trial Lawyers named Caroline Munley to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania and to the Top 25 Women Trial Lawyers in Pennsylvania lists. Legal Intelligencer named Marion a Pennsylvania Trailblazer, and the American Association for Justice presented her with several awards, among them the Board of Governors Outstanding Achievement Award and the Above and Beyond Award. Caroline has received Martindale-Hubbell’s Silver Client Champion Award. Additionally, Marion and Caroline are members of the International Society of Barristers and of the Litigation Counsel of America, in which Marion is a Senior Fellow and Caroline is a Fellow. All our partners have been named to the Irish Legal 100 list.
Our many client victories further highlight our expertise. Among them are $5 million, $4.35 million, $3.5 million, and $3.2 million settlements in medical malpractice cases. Turn to Munley Law when you need to seek justice for a birth injury in Bethlehem, PA.
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Frequently Asked Questions About Bethlehem Birth Injury Lawyers
What is Considered a Birth Injury in Pennsylvania?
In Pennsylvania, any physical harm sustained by a baby during labor, delivery, or immediately after birth is considered a birth injury. These injuries are often caused by medical errors or negligence, delayed treatment, improper use of delivery tools, or failure to respond to complications. Unlike birth defects, birth injuries are not present before labor begins and may be preventable with proper care.
Can I File a Birth Injury Lawsuit on Behalf of My Child in Bethlehem, PA?
Yes, you could file a birth injury lawsuit on behalf of your child in Bethlehem if medical negligence caused the injury. Under 42 Pa. C.S.A. § 5524(2), Pennsylvania law generally gives parents two years from the date of the injury, the injury was discovered or reasonably should have been discovered. An experienced Bethlehem birth injury lawyer can help determine whether your claim is still within the legal time limits.
What Types of Damages Can Be Recovered in a Bethlehem Birth Injury Case?
The types of damages that can be recovered in a Bethlehem birth injury case may include medical expenses, future treatment and therapy costs, expenses for assistive devices or home modifications, and pain and suffering. In severe cases, damages may also account for lost future earning capacity if the injury caused permanent disability. The goal is to ensure your child has the resources needed for long-term care and quality of life.
How Will a Lawyer Determine Whether My Child’s Birth Injury was Preventable?
A lawyer will review medical records, consult with medical experts, and evaluate whether the healthcare provider met the required standard of care to determine whether your child’s birth injury was preventable. Not all birth injuries are preventable, but many result from delayed diagnoses, improper monitoring, or medical mistakes. If negligence played a role, you may have grounds for a lawsuit.
Do I Need to Pay Upfront to Hire a Bethlehem Birth Injury Lawyer at Munley Law?
No, you do not need to pay upfront to hire a Bethlehem birth injury lawyer at Munley Law. We handle birth injury cases on a contingency fee basis, meaning we will only charge legal fees if we successfully recover compensation for you and your child.
Review Your Case with a Birth Injury Lawyer in Bethlehem, PA
When you or someone close to you is anticipating the arrival of a child, it is reasonable and natural to expect that the highest standards of medical care will be provided. However, medical negligence can result in severe injuries and lasting harm. In such cases, holding responsible medical professionals accountable is crucial, and you have the legal right to pursue a lawsuit to seek damages for the harm caused.
At Munley Law Personal Injury Attorneys, we have almost seven decades of experience handling Pennsylvania medical malpractice and birth injury claims in Bethlehem, PA.
Call our team today and let us review your case. We offer free case evaluations, and you do not pay anything unless we win compensation for you in your birth injury claim.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
