One of the most common questions asked by parents whose child was injured due to negligence during the birthing process is how long after a birth injury they can file a lawsuit in Bethlehem, PA. It’s important to be aware of the specific legal timeframes within which action must be taken.
The Bethlehem birth injury lawyers at Munley Law are no strangers to this and other questions around holding those responsible for birth injuries accountable for their negligence. We’ve shouldered the legal burden for families for more than 65 years, conducting thorough investigations, negotiating with insurance companies, and taking the fight for justice to court when necessary. Among our victories is a $5 million settlement for a medical malpractice case.
With results like these, it’s no surprise we’ve secured more than $1 billion in compensation for clients since 1959. Acknowledging our attorneys’ commitment to justice and their work on behalf of injured Pennsylvanians, organizations such as the American Association for Justice, Lawdragon, Best Lawyers, Super Lawyers, and Martindale-Hubbell have recognized our lawyers with top ratings, awards, and other distinctions.
With the right information from our Bethlehem birth injury lawyer, you can better ensure justice and appropriate care for your injured child.
What are Birth Injuries?
Birth injuries are, unfortunately, a reality for some families. As parents, it’s essential to understand what they entail, how they occur, and their potential long-term implications.
Birth injuries refer to physical harm or damage suffered by a newborn during the process of labor and delivery. These injuries can range from minor, transient issues like minor bruising to more serious conditions like cerebral palsy. The 10 most common birth injuries in the US include:
- Broken collarbones (clavicles)
- Caput succedaneum (swelling of a newborn’s scalp)
- Cephalohematoma (pooling of blood under a newborn’s scalp)
- Erb’s palsy from a brachial plexus injury
- Eyelid swelling
- Subcutaneous fat necrosis of the newborn
- Facial nerve paralysis
- Fractured upper arm bone (humerus)
- Fractured upper leg bone (femur)
- Intracranial hemorrhage (brain bleeds), such as subdural bleeds
According to the Centers for Disease Control and Prevention, injuries occur in approximately 1-2% of births in the United States.
Contact a Personal Injury Lawyer at Munley Law
Call Us At 844-686-5397 What Causes Birth Injuries in Bethlehem, PA?
Many injuries are the result of physical pressure during the birthing and delivery process itself, especially in cases of difficult or prolonged labor. Factors such as the size and position of the baby, the size of the mother’s pelvis, and the use of forceps or vacuum devices can all contribute to the risk of injury.
However, it’s crucial to note that not all birth defects and injuries are due to natural causes. In some cases, they may result from medical negligence or malpractice.
What are the Pennsylvania State Laws Regarding Birth Injury Lawsuits?
Understanding the legal framework around birth injury lawsuits in Bethlehem, Pennsylvania, can help you make informed decisions.
The “statute of limitations” is a legal term that refers to the period within which a lawsuit must be filed. The time frame varies depending on the type of legal case and the jurisdiction in which the incident occurred.
In Pennsylvania, the general rule for medical malpractice cases, including birth injury lawsuits, is that you have two years from the date of the injury to file a lawsuit (42 Pa.C.S. § 5524). However, certain exceptions might extend this period.
It’s important to note that in Pennsylvania, cases involving minors have a special provision. The statute of limitations doesn’t begin until the minor reaches 18 years old. However, there is a limit to this rule: no case can be filed more than 12 years after the alleged act, regardless of the child’s age at that time.
Why Timing Matters
Adhering to the statute of limitations is crucial in any legal case, including birth injury lawsuits. If a lawsuit is not filed within the designated period, you may lose your right to pursue legal action altogether. Therefore, seeking legal advice as soon as possible is important if you suspect your child has suffered a birth injury due to medical malpractice.
Understanding the laws and timelines around birth injury lawsuits can guide your actions in seeking justice for your child. However, this information is just a starting point – for specific advice, it’s always recommended to consult a lawyer specializing in birth injury cases.
Navigating Legal Proceedings in a Bethlehem Birth Injury Case
Embarking on a birth injury lawsuit may feel daunting. Understanding the process and knowing how to navigate it effectively can help you approach the situation with confidence and clarity.
Preparing for a Lawsuit
Preparation is key when considering a lawsuit. This involves gathering all relevant medical records, documenting your interactions with the healthcare providers involved, and identifying any potential witnesses. Each piece of evidence could be crucial in establishing a strong case. Our lawyers also obtain a certificate from a medical expert confirming your birth injury medical malpractice lawsuit has merit, in line with 231 Pa. Code Rule 1042.3.
The Role of a Birth Injury Lawyer
A birth injury lawyer can be an invaluable guide through the legal process. They will help you understand the laws about your case, assist with collecting evidence, represent you in court, and negotiate settlements on your behalf. It’s important to find a medical malpractice lawyer who specializes in birth injury cases, as they will have the specific knowledge and experience required.
Potential Outcomes of a Birth Injury Lawsuit
The outcomes of a lawsuit can vary. Compensation could be awarded for medical expenses, ongoing care costs, pain and suffering, and emotional distress. In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct. However, each case is unique, and the potential outcomes depend on the specific circumstances.
Entering the legal arena may seem intimidating, but understanding the process can help you advocate more effectively for your child. Remember, seeking expert legal advice is the best way to navigate these proceedings.
Why Choose Munley Law for Your Birth Injury Lawyer in Bethlehem, PA?
With more than 250 years of combined legal experience, Munley Law’s attorneys have a deep understanding of the law and know how to pursue justice for those who have been injured by the negligence of others. All our attorneys are members of the Pennsylvania Bar Association, and all our partners have been named among the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers. They’ve also been named to the Lawdragon 500 Leading Plaintiff Consumer Lawyers list and to the Irish Legal 100 list.
Marion Munley, Daniel Munley, J. Christopher Munley, and John Mulcahey have board certifications in Civil Trial Law and Civil Trial Advocacy from the National Board of Trial Advocacy. Additionally, Caroline Munley was named to the National Trial Lawyers’ Top 25 Medical Malpractice Trial Lawyers in Pennsylvania list. Best Lawyers named Marion Lawyer of the Year for Medical Malpractice Law and Personal Injury Litigation.
Our work on behalf of clients has produced results worth celebrating. Among our client victories are $4.35 million, $3.5 million, and $3.2 million settlements in medical malpractice cases. When you choose Munley Law for your Bethlehem birth injury lawyer, you’re choosing a firm that gets results.
Entrust Your Case to Munley Law’s Bethlehem Birth Injury Lawyers
Understanding the complexities around birth injury lawsuits, particularly the timeline for filing one in Bethlehem, Pennsylvania, is crucial in advocating for your child’s rights.
A skilled birth injury lawyer can guide you through the intricate legal landscape, upholding your child’s interests. Armed with knowledge and expert advice, you can confidently take steps toward seeking justice for your child.
Contact Munley Law today for a free consultation and find out what our Bethlehem birth injury lawyers can do for you.
J. Christopher Munley
James Christopher Munley is an award-winning plaintiffs’ lawyer who has dedicated his career to fighting for accident victims and their families. As a board-certified civil trial advocate, Chris was named Lawyer of the Year by Best Lawyers for Workers’ Compensation by Best Lawyers, and has been listed on Pennsylvania Super Lawyers since 2013.
