Scranton Birth Injury Lawyer

Once you hire an experienced, compassionate Scranton birth injury lawyer, you can hold the healthcare provider accountable for their actions under Pennsylvania’s medical malpractice laws. A birth injury can have lifelong consequences for your baby. Your child may require extensive medical care and therapy for years to come or may have an altered quality of life into adulthood. If a doctor or other medical professional caused your child to suffer a birth injury, you are not alone. Call Munley Law today to meet with a birth injury lawyer in Scranton.

Why Should I Hire Birth Injury Lawyers in Scranton, PA?

Hiring a birth injury lawyer is a vital step for any family in Scranton, PA, facing the aftermath of a birth injury. Their expertise, local knowledge, emotional support, and commitment to your case can significantly affect the outcome of your legal battle. Here is why you should consider hiring a birth injury lawyer:

•  Expertise in Complex Medical Laws: Birth injury cases often involve intricate medical details and legal nuances. Scranton birth injury lawyers deeply understand medical procedures and state laws. They can expertly navigate medical records, rely on medical experts to prove medical malpractice resulting in a serious birth defect or injury, and build a strong case on your behalf.
• Understanding of the Local Legal Landscape: Lawyers based in Scranton have the advantage of being familiar with the local legal landscape. They know the judges, the court system, and the tactics that work best in the local jurisdiction. This local expertise can be invaluable in effectively handling your case.
• Holding Negligent Parties Accountable: By hiring a birth injury lawyer, you seek compensation and hold medical professionals accountable for their actions. Doing so can help prevent similar incidents from happening to other families.
• Emotional Support and Guidance: Dealing with very complex birth injury cases can be emotionally taxing for parents. A Scranton birth injury lawyer does more than just handle legal proceedings; they provide emotional support and guidance through this difficult time. They understand the situation’s sensitivity and work as your attorney, confidant, and supporter.
• Maximizing Your Compensation: An experienced birth injury lawyer in Scranton will be adept at calculating the full extent of damages, which may include medical expenses, future care costs, and emotional trauma. They are skilled negotiators who will fight to ensure you receive the maximum compensation you deserve.
• No Upfront Costs: Most birth injury lawyers in Scranton work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue justice without worrying about upfront legal fees, making expert legal representation accessible regardless of your financial situation.

The Common Types of Scranton Birth Injuries

Medical malpractice in the context of childbirth occurs when healthcare professionals fail to provide the expected standard of care, leading to injury. Examples can include actions taken or not taken by doctors, nurses, or other healthcare staff during pregnancy, labor, delivery, or immediately after birth.

Medical negligence in birth injury cases can take many forms, each with potentially life-altering consequences for the child and family. Understanding these scenarios is crucial for parents facing this difficult situation. Common types of serious birth defects and injuries caused by medical malpractice include:

Cerebral Palsy: Cerebral palsy, a neurological disorder caused by a brain injury or malformation that occurs while the brain develops before, during, or after birth, can profoundly impact a child’s life. This damage can affect a child’s ability to control their muscles. Causes can include genetic disorders, maternal infections, fetal stroke, lack of oxygen to the brain (asphyxia), traumatic head injury, or infections in early childhood. Treatment may include occupational therapy, speech therapy, medications to manage symptoms (like muscle spasticity and seizures), and sometimes surgery.

Brachial Plexus Palsy Injuries: Erb’s palsy, otherwise known as brachial plexus palsy, emerges during childbirth, resulting from an incident where the baby’s neck is excessively stretched to the side, leading to damage to the brachial plexus nerves. The aftermath can be severe, causing partial or complete loss of movement in the arm affected. How severe the injury is dictates what kind of treatment is necessary, ranging from regular physical therapy to possible surgeries and in some cases, care that continues throughout the child’s life.

Fractures: Fractures, particularly of the collarbone or clavicle, can occur during childbirth. While sometimes these are accidental in many birth injuries, they can also result from improper handling of the baby during delivery, such as using excessive force.

Birth Asphyxia: Birth asphyxia is a severe condition caused by oxygen deprivation and lack of blood flow to the baby’s brain. It occurs when the brain or organs do not get enough nutrients and oxygen before, during, or after birth. Causes of birth asphyxia can include:

• Failure to detect a prolapsed umbilical cord.
• Improper monitoring of fetal distress.
• Delayed response to complications.

Infections: If infections in the mother are not correctly identified and treated during pregnancy or childbirth, they can lead to severe complications for the baby.

Recognizing medical negligence is vital for parents to understand their rights and the potential for legal recourse. It’s not just about seeking compensation; it’s also about ensuring that healthcare standards are upheld and similar incidents are prevented in the future.

If you suspect medical negligence in your child’s birth injury, consulting with a Scranton injury lawyer can provide clarity and a path forward. Remember, it’s about seeking justice and accountability and ensuring safer childbirth experiences for all.

What If My Child Dies During Birth in Scranton, PA?

When a child dies during birth in Scranton, it’s essential to determine whether medical malpractice plays a role. While not every birth-related death is due to malpractice, in cases where it is, families may have legal recourse. This is where the expertise of a Scranton birth injury attorney becomes invaluable.

Your case will need to be thoroughly investigated by a team of medical experts to learn what caused your child’s death. If the death was a result of a birth injury caused by medical malpractice, you do have the right to file a wrongful death lawsuit. Today, speak with an experienced Scranton wrongful death lawyer to learn your next steps.

Common Causes of Birth Injuries in Scranton, PA

Medical negligence is the most common cause of birth injuries in Scranton. Medical malpractice occurs when healthcare providers fail to meet the standard of care expected of them, potentially leading to severe complications during childbirth. This negligence can happen before, during, or after birth, including actions or inactions that harm the child.

Healthcare professionals are trained to understand the birthing process and to monitor any risk factors that may lead to birth injuries. However, some may fail to act quickly in dangerous situations, fail to properly diagnose health conditions in the mother or baby, or fail to monitor them properly after childbirth.

Misuse of birthing tools such as forceps or vacuum extractors, as well as the use of unnecessary force during childbirth, can constitute medical negligence.

Vacuum extraction injuries result from using a vacuum extractor, which occurs in about 5% of all births where assisted delivery devices are used.

Injuries from vacuum extraction can include scalp wounds, skull fractures, internal bleeding, brain damage, and brachial plexus nerve damage that can lead to conditions like Erb’s palsy.

While some of these injuries can heal without medical intervention, serious complications can result in permanent damage to both the mother and the baby.

If your child dies or suffers an injury due to oxygen deprivation, fetal distress, or other birth injuries, call Munley Law today. We will discuss all aspects of your case with you in detail and provide a free case evaluation of your birth injury claim.

What Evidence is Needed to Prove a Birth Injury Was Caused by Negligence?

We will fully investigate the circumstances of your child’s birth injury, collecting evidence and working to understand your child’s injury, what caused it, and why. We can help you understand if you have a valid medical malpractice claim, which is difficult to do independently in these cases.

Often, we have access to a wealth of evidence you might not have on your own. We will request copies of your child’s medical records and see how the hospital documented the incident. We will also enlist the help of an expert witness who can testify to the proper standard of care your child should have received.

This expert will have similar training and experience as the doctor in question and will practice in the same field in the same geographical area. We will have this expert sign our certificate of merit, as well. Pennsylvania requires this type of certificate in every medical malpractice case.

Once we have all the proper evidence, we can notify the hospital and doctor of our intention to file a lawsuit if they do not offer a fair settlement through their malpractice insurance. Usually, this prompts negotiations, and we can come to a fair settlement agreement.

Who Can File a Birth Injury Lawsuit in Scranton, Pennsylvania?

In Pennsylvania, the right to file a birth injury lawsuit typically rests with the parents or legal guardians of the child who suffered the injury. Due to their age, the child cannot legally file the suit themselves.

It’s essential to be aware of the statute of limitations for filing a birth injury lawsuit. While you usually only have two years to file a medical malpractice lawsuit, the courts often toll this deadline for children. You could have until two years after birth injuries happen or your child turns 18 to file a civil suit.

The lawsuit is filed in the child’s interest, and any compensation awarded is typically held in trust or used for the child’s benefit, especially for ongoing medical care, therapy, and other needs related to the injury.

It is highly advisable to seek legal representation from an attorney specializing in birth injury or medical malpractice cases. They can guide the legal process, help gather necessary evidence, and represent the family’s interests in court.

It’s essential to consult with a qualified attorney who can provide specific advice based on the details of the case and the latest Pennsylvania laws and regulations. They can also assist in navigating the complexities of the legal process and ensure that the rights and interests of the child and family are adequately represented.

Types of Compensation Available For a Scranton Birth Injury Lawsuit

Compensation for a birth injury claim can vary from case to case, depending on the specifics of birth injury lawsuits. In most cases, you may receive the following compensation for the birth injuries:

• Medical Expenses: This covers the cost of immediate medical care following the injury and ongoing and future medical expenses related to the injury. You and your family may face expenses, including hospital stays, surgeries, medications, specialized equipment, and any long-term care needs.
• Rehabilitation Costs: If the child requires occupational therapy, speech therapy, or other forms of rehabilitation, these costs can be included in the compensation.
• Special Education Needs: If the child requires special education services due to the injury, compensation can include the cost of these services.
• Pain and Suffering: This is compensation for the physical and emotional distress caused by the injury. In the case of severe birth injuries, this can be a significant amount, as it takes into account the lifelong impact of the injury on the child’s quality of life.
• Emotional Distress: Parents can also receive compensation for their emotional pain and suffering due to their child’s injury.
• Punitive Damages: In some cases where the negligence is particularly egregious, punitive damages may be awarded. These are intended to punish the responsible party and deter similar conduct in the future.
• Wrongful Death: In tragic cases where a birth injury leads to the death of a child, parents may be entitled to wrongful death damages, which can include funeral and burial expenses, loss of companionship, and emotional distress.

It’s important to note that the laws governing medical malpractice and birth injury compensation can vary significantly from one jurisdiction to another. It’s always best to discuss your case with a birth injury attorney to understand your options and how an attorney can help you and your family.

How Long Do I Have to File a Birth Injury Lawsuit in Scranton, PA?

In Pennsylvania, the statute of limitations for filing a birth injury case is two years from the date of the injury. However, there are important distinctions between the deadlines for parents filing on behalf of a minor and for the child themselves.

For parents filing on behalf of a minor: The two-year period begins on the date of the injury but is tolled (paused) until the child reaches the age of 18. This means parents must file a claim until the child’s 20th birthday.

For minors who have reached the age of 18, they have two years from their 18th birthday to file a claim for a birth injury that occurred during their birth.

However, do not wait to discuss your personal injury claims with your legal representation. As time passes, witnesses can be more difficult to retain, your memory of events can become less clear, and many other challenges can accompany waiting too long.

If you or your child is suffering a birth injury, talk to an experienced attorney at Munley Law today. Call us for a free case evaluation. You pay nothing until we win your case.

What Are My Next Steps If I Suspect a Birth Injury?

The next steps you should take if you suspect a birth injury is to get medical treatment for your child, document everything, and consult with an experienced birth injury attorney in Scranton.

• Seek Medical Attention: The priority is the health and well-being of your child. Seek medical attention for your child’s injuries and follow the advice of healthcare professionals.
• Document Everything:  Dealing with a birth injury can be emotionally and financially challenging. But be sure to seek medical attention and keep all your medical records, take notes, keep a calendar of doctor visits, take photos, and note the names of any medical professionals you consult. If your birth injury case goes to trial, your attorney can use anything you have recorded and kept for evidence to prove your case.
• Consult with a Birth Injury Attorney: It is advisable to consult with a birth injury attorney in Scranton who has experience in handling such cases. They can review the case details, advise on the available legal options, and guide the individual through the legal process.

Discuss Your Child’s Case with Our Scranton Birth Injury Attorneys

The Scranton medical negligence lawyers at Munley Law have 65 years of experience handling birth injury claims in Scranton. We can review your case, consider your options for recovery, and fight for the payout you deserve. Your initial consultation is free, and we will not collect attorney’s fees unless we win a payout in your case.

Call us today to meet with a member of our Scranton birth injury lawyers. The consultation is free, and we do not collect a fee unless your birth injury lawsuit is successful.

Munley Law Personal Injury Attorneys

227 Penn Ave.
Scranton, PA 18503
(570)865-4699