If you’re a parent who has experienced the trauma of your baby being injured during the birthing process, Munley Law’s Wilkes-Barre birth injury lawyers will help you seek justice. At Munley Law, we’ve represented injured Pennsylvanians since 1959, including families affected by preventable birth injuries. Our results include multi-million-dollar medical malpractice settlements and verdicts, including one for $4.35 million.
In addition to our firm being honored by Best Law Firms, our board-certified attorneys continue to receive awards and high ratings from organizations such as Lawdragon, Best Lawyers, and Super Lawyers. We also have accolades from Irish Legal 100, the National Trial Lawyers Association, and the American Association for Justice. When you choose Munley Law for your birth injury case in Wilkes-Barre, you’re choosing a firm with decades of experience handling complex medical malpractice claims.
Don’t let justice for you and your child slip through your fingers. Contact our birth injury attorneys today to schedule a free consultation. We’re available 24/7, and you won’t pay a fee unless we win your case.
Call Us At 844-686-5397 When is a Birth Injury Considered Medical Malpractice in Wilkes-Barre?
Many people believe that if their child suffers an injury during birth, the doctor is automatically liable. Sometimes, though, these conditions occur as a natural complication of the birth process. There is little anyone can do to prevent them.
Babies are fragile, and the labor and delivery process is strenuous. A well-trained and attentive doctor should follow accepted medical standards throughout pregnancy, labor, and delivery. At the same time, medical professionals will do everything in their power to deliver your baby safely and healthily.
However, not all doctors in the Wilkes-Barre area practice with the level of care required by their profession. Medical negligence can occur when a doctor strays from proper protocol or becomes lax in their attention to detail. According to the Centers for Disease Control (CDC), unintentional injuries were one of the top 10 causes of infant death in the U.S. in 2023. Closer to home, news reports indicate the Pennsylvania Patient Safety Authority was notified about 169 injuries and deaths in newborns in 2022. A few ways this negligence can cause a birth injury include:
- Failure to carefully observe the mother and baby during pregnancy, labor, and delivery
- Failure to notice issues that might cause oxygen deprivation during delivery
- Prescribing contraindicated medications to the mother during pregnancy
- Failure to follow proper techniques during difficult deliveries
- Failure to order a necessary emergency C-section
- Poor technique with instruments such as forceps and vacuums
If you believe a doctor or other medical care provider acted carelessly or recklessly and caused your child’s birth injury, let our birth injury attorneys evaluate your situation. Our consultations are always free, and you pay no fees until we recover compensation for your family.
How Do I Know if My Child Suffered a Birth Injury in Wilkes-Barre?
Certain medical conditions, like cerebral palsy diagnosis, Erb’s palsy and brachial plexus injuries, fetal distress, and fetal stroke, can be a result of a birth injury, as the baby may have been without oxygen for some time during labor and delivery.
However, there are other signs of birth injury occurring, even when one of the above diagnoses is not present. These include:
- Bruising, swelling, or abrasions on the baby’s head, face, or shoulders
- Seizures within 48 hours of birth
- The baby requires CPR or a breathing tube during delivery
- Limp arms
While it may take some time to realize that your newborn’s medical needs are a result of a birth injury, it will be important that the family begins keeping records of any medical treatment.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
Why You Need a Wilkes-Barre Birth Injury Attorney for Your Case
Once our Wilkes-Barre birth injury lawyer takes your case, we will investigate every aspect of your child’s birth injuries, including requesting medical records and talking to experts in the field. This is key in determining whether medical malpractice occurred and precisely how the doctor deviated from the accepted standard of care.
According to Pennsylvania Rule of Civil Procedure 1042.3, we need to present a certificate of merit to support our case within 60 days of filing your malpractice claim. This certificate, signed by a doctor, states that we have a valid medical negligence claim.
Identifying the best doctor for this task is incredibly important, as they will likely also provide the testimony that helps us understand how the doctor’s actions led to your child’s birth injuries. This expert witness will have similar training to the doctor we are challenging. They will work in the same specialty and in the same geographic area.
Once the hospital, doctor, and insurance company see the strength of the case we built, they will likely be willing to negotiate a settlement with us. Our Wilkes-Barre birth injury lawyers will work to negotiate a settlement that fully reflects the losses your family has suffered.
We will not hesitate to file a lawsuit and take your case to court if they:
- Deny any wrongdoing
- Refuse to negotiate
- Deny our claim
Our birth injury attorneys have consistently received accolades and been included on prestigious lists of top attorneys nationwide, so you can feel confident in our ability to represent you in front of a judge and jury. Deeply concerned about our clients, our personal injury lawyers will do everything possible to pursue compensation for the losses your family has experienced.
Under Pennsylvania’s Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. § 1303.513, medical malpractice claims are subject to specific filing deadlines. In many birth injury cases, parents may bring a claim on behalf of their child, while the law also provides additional time for many injured minors to pursue a claim after reaching adulthood. Because the applicable deadlines depend on the circumstances of the injury and when it was discovered, it is important to speak with an attorney as soon as possible.
Birth injury cases often require extensive medical records, expert review, and a Certificate of Merit under Pa. R.C.P. No. 1042.3 before moving forward. Beginning the investigation early helps preserve evidence and gives your legal team time to evaluate whether medical negligence contributed to your child’s injuries.
In Pennsylvania, the statute of limitations for personal injury claims is tolled, allowing minors to file a claim until they reach the age of 20. This is because the two-year period doesn’t begin until they turn 18, provided they were injured before reaching that age. However, as filing a birth injury claim is usually done by parents and relies on evidence that may fade or be difficult to obtain over time, it’s best to act quickly.
What Compensation is Available for Birth Injuries in Wilkes-Barre, PA?
You may be eligible to collect three types of damages if you can prove the doctor who caused your child’s birth injury acted negligently. These damages include:
- Expenses and Financial Losses: Also known as economic damages, this compensation should cover your expenses and financial losses related to your child’s birth injury. This may include costs such as medical care, therapy, medical devices, ongoing therapy, and more.
- Intangible Losses: Commonly known as pain and suffering damages, this includes compensation for the pain and suffering your child endures because of the birth injury he suffered. Our birth injury attorneys can help you understand the potential value of non-economic damages.
- Punitive Damages: While rare, judges sometimes award punitive damages in birth injury cases if there is evidence of gross negligence or intentional malice. These damages punish the doctor or hospital for its wrongdoing instead of compensating you for your losses. If the judge believes the doctor acted carelessly or intentionally, there is no cap on these damages.
Common Types of Birth Injuries in Wilkes-Barre, PA
A birth injury occurs when a newborn suffers injury or harm during the birthing process. This may be a result of factors like the size or position of the baby, but it may also be due to medical negligence or errors.
Injuries can range from mild to severe, impacting the child’s life and the family’s emotional and financial well-being. Some of the most common birth injuries in Wilkes-Barre include:
- Cerebral Palsy: Considered one of the most serious birth injuries, cerebral palsy occurs due to oxygen deprivation to the baby’s brain during birth. This condition affects muscle coordination and body movement and can result from medical negligence during labor and delivery. According to Cerebral Palsy Guidance, around 10,000 babies are born with this condition in the U.S. every year. Approximately 80% of cases are due to prenatal incidents such as birth injuries or complications.
- Brachial Plexus Injuries: Brachial plexus injuries occur to the network of nerves that sends signals from the spine to the arm, hand, and shoulder. Erb’s palsy, a form of brachial plexus injury, occurs due to excessive pulling on the baby’s head during delivery. The American Academy of Orthopedic Surgeons revealed that one or two in every 1,000 babies are born with brachial plexus birth injury.
- Fractures: Collarbone or clavicle fractures are very common birth injuries that can happen during a difficult or mishandled birth process. Improper use of delivery tools, such as forceps or vacuum extractors, often contributes to such injuries.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a condition caused by a lack of oxygen and blood flow to the baby’s brain. This can result in significant neurological impairments as a result of errors in monitoring and responding to fetal distress. According to the Cleveland Clinic, HIE affects between 9,000 and 12,000 newborns in the U.S. every year.
- Intracranial Hemorrhage: Also known as bleeding inside the skull, intracranial hemorrhage occurs due to trauma during birth. If not addressed promptly, it can lead to lifelong complications.
- Perinatal Asphyxia: If the baby does not receive enough oxygen before, during, or immediately after birth, they may suffer from perinatal asphyxia, which can cause neurological and physical issues.
- Meconium Aspiration Syndrome (MAS): If a newborn inhales a mixture of meconium (a newborn’s first stool) and amniotic fluid at the time of delivery, meconium aspiration syndrome can occur, causing severe breathing difficulties and other complications. Research indicates MAS affects around 249 in every 100,000 live births in the U.S. annually.
Birth injuries may also occur during the perinatal period if a condition was found during pregnancy but was not appropriately handled or prepared for by medical professionals before labor.
Why Choose Munley Law for Your Wilkes-Barre Birth Injury Lawyer?
If you want justice and compensation for a birth injury caused by negligence or malice, you need the best Wilkes-Barre birth injury lawyers on your side. You’ll find them at Munley Law. Since 1959, we’ve helped personal injury clients recover more than $1 billion in damages. If we accept your case, we will make every effort to fight for justice on your behalf.
Some of the victories we’ve helped clients attain include settlements of $5 million, $4.35 million, $3.5 million, and $3.2 million in medical malpractice cases. With these and other results, it’s not surprising our birth injury lawyers are routinely honored for their work.
Best Lawyers named Marion Munley Lawyer of the Year for Medical Malpractice Law, and the National Trial Lawyers Association named Caroline Munley to the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania and the Top 25 Women Trial Lawyers in Pennsylvania. Marion and Caroline are both members of the Multi-Million-Dollar Advocates and Million-Dollar Advocates forums.
At Munley Law, we take birth injuries and medical malpractice seriously. We will evaluate your case thoroughly, treat you with compassion, work with experts, and build a case that has the best chance of seeing you compensated for your damages.
Frequently Asked Questions About Birth Injuries in Wilkes-Barre
Why Do Birth Injuries Happen?
Birth injuries can happen for a variety of reasons. Some are unavoidable complications of pregnancy or delivery, but others result from preventable medical errors. A birth injury may occur if a healthcare provider fails to monitor the baby for signs of distress, delays a necessary C-section, improperly uses forceps or a vacuum extractor, or fails to respond to complications during labor and delivery.
Premature birth, difficult deliveries, and certain medical conditions can also increase the risk of injury. Determining whether negligence played a role usually requires a careful review of the medical records by qualified experts.
How Long Do I Have to File a Birth Injury Lawsuit?
You have two options when it comes to filing a lawsuit or making a claim for a Wilkes-Barre birth injury. The child’s family may be able to file a claim on the child’s behalf for the injuries sustained. However, in many cases, the court allows the child to file a claim until they are 20 years old, provided the injury occurred before they turned 18.
If the injury resulted in death, the family may be able to file a wrongful death claim with the help of a birth injury attorney or a personal injury case against the responsible medical professionals, hospital staff, etc.
When Should I Start Collecting Evidence of My Newborn’s Birth Injury?
Depending on the severity of your child’s injuries or long-term medical needs, you may be able to begin collecting evidence of the injury right away. For example, suppose you know that your baby was measuring perfectly and was given a clean bill of health in your final ultrasound, but then is born with multiple preventable conditions. In that case, you’ll want to start figuring things out right away.
However, some injuries can take weeks, months, or even years to emerge, which means you should take advantage of the extended statute of limitations. Once your child turns 18, the clock starts ticking, so the sooner you can get the documentation and evidence you need, the better it will be.
If you are unsure if your child’s conditions are a result of a birth injury or a genetic condition that was missed or unable to be seen via ultrasound or prenatal testing, call a Pennsylvania injury lawyer before you begin your case.
How Much Does It Cost to Hire a Wilkes-Barre Birth Injuries Attorney?
With the expenses of a newborn and the added costs of medical needs because of the birth injury, you are likely worried about how you’ll afford a personal injury law firm in Wilkes-Barre.
What is important to know is that whether you need an attorney for your car accident, wrongful death, or a birth injury diagnosis like cerebral palsy, most lawyers do offer a free consultation.
From there, if the firm works on a contingency basis like Munley Law Personal Injury Attorneys, you won’t pay anything up front. Instead, the firm isn’t paid until a settlement or verdict is reached.
These injuries are costly enough, and if you’ve faced denied medical coverage or benefits, that shouldn’t stop you from seeking justice.
Talk to a Birth Injury Lawyer in Wilkes-Barre Today
We know that during pregnancy, you and your family did everything you could to keep the child inside of you safe from harm. But when the people who are supposed to protect it once it enters the world make a mistake, those life-changing events need to be accounted for.
At Munley Law, we have almost 70 years of experience handling Pennsylvania medical malpractice and birth injury claims. Contact our team today to 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.
Call our office today for your free consultation with a Wilkes-Barre birth injury attorney.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
Reviewed by Caroline Munley, Esq., Personal Injury Attorney at Munley Law, on July 24, 2026.
