If your child suffered a birth injury due to medical negligence, contact the Philadelphia birth injury lawyers at Munley Law Personal Injury Attorneys for a free consultation. We have protected the rights of injured Pennsylvanians since 1959, fighting for justice and helping them recover more than $1 billion in damages over the decades.
All our lawyers are members of the American Association for Justice and the Pennsylvania Bar Association, and all our partners received Martindale-Hubbell’s highest ratings, AV Preeminent. We’ve also received accolades from Best Law Firms, Lawdragon, Irish Legal 100, and Lawyers of Distinction.
Unfortunately, tens of thousands of babies suffer birth injuries every year. If your child suffers an injury due to medical error or negligence, we are here for you.
Our Philadelphia personal injury attorneys will fight for your family. We hold the negligent person(s) accountable, and ensure that you get appropriate compensation for your child’s past and future medical treatment, therapy, pain and suffering, and other unforeseen losses.
Call Us At 844-686-5397 What is a Birth Injury?
A birth injury caused by medical malpractice is different from a genetic health issue or other “birth defect.” Some birth complications cannot be predicted or avoided. A birth injury, on the other hand, is preventable and occurs as the result of negligence on the part of a doctor, nurse, midwife, or other medical professional responsible for your baby’s care. The “adverse event” that causes injury does not have to occur during childbirth to be considered a birth injury; it may take place before, during, or shortly after delivery. Some birth injuries can result in lifelong health conditions or paralysis.
Common birth injuries include:
- Cerebral palsy: Cerebral palsy is a type of disorder that results from brain damage affecting the development of motor skills and muscular coordination. Between 5,500 and 13,100 children are born with this disorder in the US every year.
- Brachial plexus injury: The brachial plexus refers to the nerves that run from the spine down the arms and hands. Brachial plexus injuries can result in paralysis or other conditions requiring surgery or special care. The incident rate for these injuries in the US is between one and three per 1,000 live births.
- Hypoxia: Hypoxia injuries occur when the baby does not have enough oxygen at birth. This may result from failure to properly monitor the baby before and during delivery. Hypoxia can lead to other serious conditions such as cerebral palsy. Around two babies per every 1,000 live births suffer from hypoxia injuries.
- Head trauma, skull fractures: Misuse of delivery instruments can put excessive pressure or trauma on an infant’s fragile skull and cause serious damage. One analysis found there are approximately 29 birth injuries per 1,000 live births, with 80% of these being scalp injuries.
- Spinal cord injury: Improper twisting or pulling on the baby’s neck and shoulders can cause spinal cord injury. According to one study, the prevalence of these injuries may range from one case per 29,000 live births to one case per 8,000 live births.
- Erb’s palsy: Erb’s palsy is a condition that can result from nerve damage or brachial plexus injury and may cause paralysis. The estimated prevalence of this condition ranges from 0.9 to 2.6 per 1,000 live births.
Even though birth injuries are uncommon, we at Munley Law believe every baby injured because of a medical professional’s negligence deserves justice – and we’re prepared to work to ensure they receive it.
Don’t wait too long to contact us, as Pennsylvania’s statute of limitations under 42 Pa. C.S.A. § 5524 (2) gives you two years from the date of injury to file a claim. For minors, the deadline is tolled until the child’s 18th birthday under 42 Pa. C.S. § 5533(b)(1)(i), so a parent generally has until the child turns 20 to file on their behalf.
In addition, under 231 Pa. Code Rule 1042.3, we will need to obtain and submit a certificate from a medical professional stating your case has merit. Time is of the essence, so contact us as soon as possible.
“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 Caused Your Child’s Birth Injury?
If you believe your child’s condition was caused by a medical professional’s mistake, we can help you. Our Philadelphia birth injury lawyer will listen to your story and review the medical records with a medical expert to identify the cause of your child’s injury.
Some examples of negligence that can result in a birth injury include:
- Oxygen deprivation at birth
- Failure to diagnose an infection, fetal distress, or other condition or risk factor prior to delivery
- Misuse of forceps during delivery
- Failure to perform a timely C-section
- Medication/prescription errors
Mistakes like these can have serious and even lifelong consequences for you and your child. An experienced Philadelphia birth injury lawyer at Munley Law will review the details of your situation for free and help you determine what to do next.
Why Choose Munley Law for Your Birth Injury Lawyer in Philadelphia, PA?
A birth injury can be emotionally devastating. Your new baby may need surgery, long-term treatment, or lifelong medical care. Our Philadelphia birth injury lawyers can help you get the financial compensation owed to you by the negligent person(s) responsible for your child’s injury.
Damages for which we can pursue compensation may include:
- Past and future medical bills
- Pain and suffering
- Home modifications
- Other losses
We have almost seven decades of experience in pursuing justice for parents whose little bundles of joy were injured before, during, or shortly after birth due to the negligence of medical professionals or hospitals. Our work on behalf of clients has resulted in multi-million-dollar settlements and verdicts, five-star Google Reviews from clients, and numerous accolades and awards from respected legal organizations.
Caroline Munley was named among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania by the National Trial Lawyers, and Marion Munley was named Lawyer of the Year for Medical Malpractice Law by Best Lawyers. Additionally, Marion is a Senior Fellow, and Caroline is a Fellow of the Litigation Counsel of America. They’re also members of the International Society of Barristers and, along with Robert Munley III, the Million Dollar Advocates Forum/Multi-Million-Dollar Advocates Forum.
When your child has suffered a birth injury in Philadelphia, PA, you need lawyers you can trust.
Frequently Asked Questions about Philadelphia Birth Injury Cases
What Qualifies As A Birth Injury Caused By Medical Negligence In Philadelphia, PA?
In Philadelphia, PA, a condition qualifies as a birth injury caused by medical negligence when a doctor, nurse, or other healthcare provider fails to meet the accepted standard of care, resulting in harm to the baby. Unlike genetic conditions or unavoidable complications, birth injuries often are preventable. They may happen before, during, or shortly after birth due to delayed medical intervention, improper monitoring, or other errors.
How Do I Know if My Child’s Birth Injury was Preventable?
Determining if your child’s birth injury was preventable can be difficult without a professional review. An experienced Philadelphia birth injury lawyer can help by examining medical records and consulting qualified medical experts to identify any signs of negligence. If proper care was not provided and it led to harm, you may have a valid claim.
What Types of Compensation Can I Recover in a Birth Injury Case?
You may be able to recover compensation for a range of damages in a birth injury case. These damages may include past and future medical expenses, therapy costs, pain and suffering, and necessary home modifications. In some cases, compensation may also cover long-term care.
How long do I have to file a birth injury claim in Pennsylvania?
In Pennsylvania, under 42 Pa. C.S.A. § 5524 (2), you generally have two years from the date of the injury to file a birth injury claim. For minors, this deadline is tolled until the child’s 18th birthday under 42 Pa. C.S. § 5533(b)(1)(i), so a parent generally has until the child turns 20 to file on their behalf. As these deadlines can be complex, it’s important to speak with an attorney about your case as soon as possible.
How much does it cost to hire a Philadelphia birth injury lawyer at Munley Law?
It costs nothing upfront to hire a Philadelphia birth injury lawyer at Munley Law. We work on a contingency fee basis, meaning you pay no upfront costs. We only get paid if we successfully recover compensation for you.
Schedule a Free Consultation with Our Philadelphia Birth Injury Lawyer
We know what an overwhelming time this is for you and your child. At Munley Law Personal Injury Attorneys, we are a family firm, and we take care of our clients as if they were one of our own. Throughout your case, we will do everything in our power to take the burden off you so that you can focus on caring for your new baby. Consider us your resource for anything you might need during this time.
We never collect a fee for our services unless we win your case, and the initial consultation is absolutely free. Call, chat live, or fill out our contact form today.
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.
