When Your Child Suffers a Birth Injury
The birth of a child is a joyous occasion. However, mistakes made before or during the birthing process can leave your child to suffer lifelong consequences. When a birth injury is caused by the negligence of a medical professional, you may need a birth injury lawyer to help you get justice. A birth injury can result in extensive future medical costs as well as pain and suffering. But you don’t have to face the uncertain future alone.
For more than 60 years, the birth injury lawyers at Munley Law have been helping clients throughout Pennsylvania through a difficult time in their lives. We know how to prove the difference between an injury caused by medical negligence and a genetic condition. If your child suffered an injury, call us at (855) 866-5529 or fill out our contact form. Tell us your story and get a free evaluation of your case.
Birth Injuries as the Result of Improper Care
Complication in the process of labor and delivery can result in a wide variety of problems for a newborn. Oxygen deprivation is one major cause of birth injuries in newborns. This can occur when the umbilical cord becomes compressed or twisted during birth. Medical mistakes such as an incorrect reading or misinterpretation of the fetal heart monitor can result in severe brain injury to a child. Other mistakes may include improper use of forceps, improper use of a vacuum, delayed caesarian section, or failure to identify fetal distress.
There are times when a birth injury can be prevented if caught during the pregnancy. Some red flags during pregnancy or birth are:
- Excessive bleeding
- Long labor
- Fetal distress
Severe Birth Injuries caused by Medical Negligence
Cerebral Palsy is a term that describes a group of disorders that affect movement control. There is no one cause of cerebral palsy – it can be caused by injury to the brain before, during or after birth. Some of the disorders related to cerebral palsy are:
- Kidney or urinary tract infection in the mother during pregnancy
- Viral infection or measles
- Oxygen deprivation during delivery
- Head injury
- Bacterial meningitis
- Viral encephalitis
- Inadequate care during pregnancy
Erb’s Palsy or Brachial Plexus Palsy can result from shoulder dystocia during the birthing process. Shoulder dystocia occurs when the infant’s shoulder is caught behind the mother’s pelvic bone during delivery. This can cause the child’s nerves to be torn resulting in a limp arm. Tearing of these nerves can cause permanent paralysis of the arm.
You Need The Top Birth Injury Lawyers
The birth injury lawyers at Munley Law have successfully litigated numerous medical malpractice lawsuits in Pennsylvania, New York, and New Jersey. If your child was injured at birth as a result of medical negligence, don’t wait much longer. Contact us today for a free consultation.
Birth Injury FAQs
Q: Is there a difference between a birth defect and a birth injury?
A: A birth injury refers to harm that takes place during or immediately after delivery that results from trauma or medical error. A birth defect is a condition that originates before birth, and can be caused by a variety of factors including genetics, environment, or improper prenatal care during pregnancy.
Q: How long do we have to file a birth injury claim? Is there an age limit?
A: While some birth injuries are diagnosed immediately after birth, some will take longer to identify. For example, in some cases, cerebral palsy will only be diagnosed after a child misses significant developmental milestones. All children develop at different paces, but according to the Centers for Disease Control, most developmental delays can be identified between the ages of 18-30 months. If your child has developmental delays that are diagnosed as a form of cerebral palsy (or other disorder) and you believe this was caused because of complications that occurred at birth, you may have a claim. A birth injury lawyer can help determine if medical negligence is to blame. In most states including Pennsylvania, there is a two-year statute of limitations based on when you became aware that malpractice occurred. So, it is best to consult a lawyer as soon as possible. The call is free and there’s no risk.
Q: How do I know if my child’s birth injury was caused by medical malpractice?
A: In many cases, a birth defect or developmental condition is not the direct result of medical negligence. But if any form of malpractice – a failure to meet the standard of care – was to blame for your child’s injury, the parties at fault should be held responsible under the law. Birth injuries can result in significant medical bills now and into the future; they may also cause your child lifelong challenges. A birth injury lawyer at Munley Law can review all medical records and consult with experts to determine whether a medical professional should be held accountable.
Q: If my child suffered a birth injury, do I need a lawyer?
A: If malpractice caused your child’s birth injury, you and your child deserve to be appropriately compensated for the costs and suffering that you face, and the negligent caregiver should be held accountable. However, achieving this will take a great deal of resources, investigation, and possibly a jury trial. We will need to prove that the healthcare professional owed a duty of care, that they breached that duty of care, and that your child suffered harm as a direct result. This kind of investigation can be difficult and complicated, so it is important to have a lawyer who has experience with birth injuries and the resources to hire the best experts. An experienced lawyer will fight the legal battle so that you can focus on giving your newborn child the love and care they deserve.