If your child has suffered a birth injury due to medical negligence, you deserve to secure financial compensation to ensure you can meet all of your child’s unique and extensive medical needs. Filing a compensation claim and making sure you receive fair compensation can be difficult to do on your own, but a qualified birth injury attorney in Erie can help. An experienced attorney understands the emotional and financial toll that birth injuries have on families and will work tirelessly to get your family the maximum compensation to ease as much of your pain as possible.
Birth Injuries and Medical Malpractice
A birth injury is a physical injury a baby suffers during the labor and delivery process. A birth injury elevates to medical malpractice when the injury was preventable but occurred due to a healthcare provider’s negligence or failure to meet the standard of care. Medical malpractice birth injuries are physical or cognitive impairments related to care during pregnancy and at birth, not congenital conditions such as genetic disorders or developmental abnormalities unrelated to patient care.
Not all birth injuries are considered medical malpractice or indicate medical negligence; unpreventable and unforeseen complications happen even with the most qualified medical teams. Unfortunately, medical negligence is a leading cause of birth injuries. What this may have looked like during your labor and delivery process could have included:
- Delayed or failure to perform or plan a C-section
- Negligent mother or fetal monitoring (fetal distress, high blood pressure, umbilical cord prolapse, etc.)
- Unskilled use of forceps or vacuum in vaginal birth
- Improper prescribing or administering of medication
Every mother and baby deserves the highest quality birthing care. If your baby suffered a birth injury from the actions of negligent medical professionals, you could hold them accountable. To learn if you have a medical malpractice case, contact Munley Law for a free case review.
Common Types of Birth Injuries in Erie, PA
The most common birth injuries that our Munley Law birth injury attorneys see include the following:
- Cerebral palsy
- Brachial plexus injuries (Erb’s palsy)
- Hypoxia-induced brain damages
- Fractures
- Nerve injuries
To learn more about your legal options after a birth injury, schedule a consultation with an experienced birth injury claims attorney at Munley Law.
Who Can Be Held Liable for Birth Injuries?
Especially in a long or traumatic labor, it can feel like your medical team includes countless people rushing around you and your baby. You may be wondering which of these people committed the medical negligence that harmed your child and who should be held liable. Birth injury medical malpractice cases are complicated, and many people may be liable, including:
- Physicians, nurses, and other healthcare professionals
- Hospitals and birthing centers
- Pharmaceutical companies (in cases involving medical error or defect)
When you contact Munley Law, we help you understand who may be responsible for your child’s injury and if a medical malpractice case is the right option for you and your child.
Filing a Birth Injury Claim in Erie, PA
Filing a medical malpractice claim in Erie for your child’s birth injury can be complicated. Numerous parties are likely involved, from your physician to nurses and others you may not have even considered. The first step is to consult with attorneys who specialize in birth injury cases, as they can guide you through the legal process.
Your personal injury attorney will assist in collecting all the relevant documentation you need to file a claim. During your initial consultation, your attorney will explain the damages you will likely recover in your specific case. Damages that are often awarded in Erie, Pennsylvania, birth injury claims include:
- Past, present, and anticipated future medical expenses, such as hospital bills, doctor visits, specialist care, physical therapy, surgeries, assistive devices, and prescription medications
- Long-term care costs, such as in-home nursing care, specialized facilities, and home modifications
- Lost earning capacity for the child’s caregiver
- Educational expenses related to specialized education, tutors, therapies, or devices
- Child’s pain and suffering and loss of enjoyment of life
- Parental emotional distress
When your baby suffers a birth injury, you are devastated. Even though it may be difficult, you need to contact Erie personal injury attorneys right away to ensure you don’t miss the statute of limitations when filing a claim. The timeframe for filing these cases has special considerations. While most medical malpractice claims must be filed within two years, birth injury cases often have extended deadlines. Parents may have up to two years after discovering the injury to file, or the child may have until age 20 (two years after turning 18) to take legal action.
How an Erie Birth Injury Lawyer Can Help Your Family
Erie birth injury attorneys can provide your family with relief. When you retain a birth injury attorney, they will investigate medical records and gather evidence in your case. They then work with medical experts to build your case. Having a birth injury attorney means you are well-positioned in negotiations and prepared for trial if needed. Contact Munley Law to speak with a skilled birth injury attorney who will fight for your family’s rights.
Frequently Asked Questions About Birth Injury Cases
What are my chances of winning a birth injury case?
After consulting with an experienced birth injury attorney, they can tell you the chance of winning your case. Success generally depends on the evidence supporting medical malpractice, expert testimony, and the skill of your legal team.
How long does a birth injury lawsuit take?
Birth injury lawsuits can last from several months to a few years, depending on whether the case goes to trial, its complexity, and other factors.
Will my case go to trial?
Fortunately, medical malpractice cases rarely reach a courtroom; between 90 and 95 percent of cases are settled out of court.
Why Choose Munley Law for Your Birth Injury Case?
When you’re searching for an Erie personal injury lawyer, you need to meet with Munley Law. Our birth injury attorneys have proven results and experience in countless cases. Our compassionate attorneys put clients first, making you feel comfortable and never accepting a fee unless we win your case. Choose Munley Law for trusted legal representation—contact us today for a free consultation.
