When you hire a skilled and caring Scranton birth injury lawyer, you can hold the healthcare provider responsible for the harm their negligence caused to your baby. For almost seven decades, Munley Law’s Scranton birth injury lawyers have protected the rights of the injured of Lackawanna County, fighting for justice and pursuing fair compensation on their behalf.
We have investigated birth injury incidents, worked with medical experts, negotiated with insurance companies, and argued in court to secure impressive verdicts and settlements. Over the years, we’ve enabled clients to recover more than $1 billion in damages. Our expertise continues to be recognized by the American Association for Justice, the National Trial Lawyers, Martindale-Hubbell, Best Lawyers, Super Lawyers, and Lawdragon.
A birth injury can have lifelong consequences for your baby. Your child may need a lot of medical care and therapy for many years. They might also have a different quality of life as adults. If a doctor or other medical professional caused your child to suffer a birth injury, you are not alone. Call Munley Law today to schedule a free consultation with an injury lawyer in Scranton.
Contact a Personal Injury Lawyer at Munley Law
Call Us At 844-686-5397 Why Choose Our Birth Injury Attorneys in Scranton?
Hiring a lawyer is an important step for families in Scranton, PA, dealing with a birth injury. Their skills and local knowledge can help your case. They also provide emotional support. Their dedication can greatly affect the outcome of your legal fight. Here is why you should consider hiring our birth injury lawyer in Scranton:
- Expertise in Complex Medical Laws: Birth injury cases often involve intricate medical details and legal nuances. Scranton birth injury attorneys deeply understand medical procedures and state laws. They can manage medical records well. They work with medical experts to prove malpractice that causes serious birth defects or injuries. They will build a strong case for you.
- Local Law Knowledge: Our lawyers in Scranton know the judges, the court system, and the best tactics for the area. This local expertise can be invaluable in handling your case effectively.
- Holding Negligent Parties Accountable: When you hire a birth injury lawyer, you seek compensation. You also hold medical professionals responsible for their actions. Doing so can help prevent similar incidents from happening to other families.
- Emotional Support and Guidance: Dealing with birth injury cases can be emotionally taxing for parents. A Scranton birth injury lawyer does more than handle legal cases. They also offer emotional support and guidance during this tough time. They understand the sensitivity of the situation and work as your attorney, confidant, and supporter.
- Maximizing Your Compensation: A skilled birth injury lawyer in Scranton knows how to calculate all damages. This includes medical expenses, future care costs, and emotional trauma. They are skilled negotiators who will fight to ensure you receive the maximum compensation you deserve. Our lawyers have secured numerous multi-million-dollar settlements and verdicts over almost seven decades.
- No Upfront Costs: Most birth injury lawyers in Scranton work on a contingency fee basis. 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.
In addition to these reasons to choose Munley Law for your Scranton birth injury lawyer, our attorneys also boast numerous accolades and honors.
Four of our lawyers are board-certified in Civil Trial Advocacy and Civil Trial Law by the National Board of Trial Advocacy, and all our partners received AV Preeminent ratings from Martindale-Hubbell, the directory’s highest ratings. Daniel Munley and Caroline Munley received Martindale-Hubbell’s Platinum and Silver Client Champion awards, respectively.
Best Lawyers named Marion Munley as Lawyer of the Year for Medical Malpractice Law and Personal Injury Litigation, while the National Trial Lawyers named Caroline among the Top 25 Medical Malpractice Lawyers and named all our partners among the Top 100 Trial Lawyers in Pennsylvania.
As further evidence of our lawyers’ skills, Marion and Caroline are members of the International Society of Barristers and Litigation Counsel of America, while all our attorneys are members of the American Association for Justice and the Pennsylvania Bar Association. Improve your chances of obtaining justice for your baby’s injury by choosing Munley Law for your birth injury lawyer in Scranton, PA.
What are Common Birth Injuries?
Medical malpractice during childbirth happens when healthcare workers do not provide the expected care, causing injury. Examples can include actions by doctors, nurses, or other healthcare staff during pregnancy, labor, delivery, or right after birth.
Medical negligence in birth injury cases can happen in many ways. Each type can have serious effects on the child and family. According to an analysis of neonatal birth trauma published in the Journal of Pediatrics, around 29 birth injuries happen for every 1,000 live births in the US, with approximately 23 of these being scalp injuries.
Common types of severe birth defects and injuries caused by medical malpractice in Scranton hospitals include:
Cerebral Palsy
Cerebral palsy is a brain disorder. This condition happens due to an injury or problem with the brain. This can occur before, during, or after birth. According to the Centers for Disease Control and Prevention (CDC), 1 in 345 children in the US has been diagnosed with this condition. Cerebral palsy can greatly affect a child’s life.
This damage can affect a child’s ability to control their muscles. Causes can include genetic disorders, infections in the mother, fetal stroke, or lack of oxygen to the brain. Other causes are 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
Also known asErb’s palsy, brachial plexus palsy occurs during childbirth. This condition results 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 affected arm.
The severity of the injury determines the type of treatment needed. This can include regular physical therapy or surgeries. In some cases, care may be required for the child’s entire life. According to the Hospital for Special Surgery, brachial plexus birth injuries occur in one to three out of every 1,000 live births in the US.
Fractures
Fractures, particularly of the collarbone or clavicle, can occur during childbirth. Sometimes, birth injuries happen by accident. However, they can also occur from improper handling of the baby during delivery. This includes using too much force. An Acta Paediatrica article reveals that researchers found 2.9 fractures per 1,000 live births.
Birth Asphyxia
Birth asphyxia is a serious condition. It occurs when the baby does not receive enough oxygen or blood flow to the 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 several factors. One factor is not noticing a prolapsed umbilical cord.
Another is poor monitoring of fetal distress. Slow responses to problems can also contribute. According to the Journal of Pediatric and Neonatal Individualized Medicine, perinatal asphyxia occurs in one to six out of every 1,000 live births.
Infections
If a mother has infections that go undetected or untreated, they can cause serious problems for the baby.
Recognizing medical negligence is vital for parents to understand their rights and the potential for legal recourse. It’s not only about getting compensation. It’s also about ensuring healthcare standards are met. We want to prevent similar incidents in the future.
If you suspect medical negligence, consulting with a Scranton medical malpractice lawyer at Munley Law can help. Remember, it’s about seeking justice and accountability and ensuring safer childbirth experiences for all.
What if a Child Dies During Birth?
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 happened because of a birth injury from medical malpractice, you can file a wrongful death lawsuit. Today, speak with an experienced Scranton wrongful death lawyer to learn your next steps.
“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
Common Causes of Birth Injuries in Scranton, PA
Medical negligence is the most common cause of birth injuries in Scranton, occurring when healthcare providers fail to meet the expected standard of care before, during, or after birth. Examples of negligence include:
- Failure to identify risk factors or misdiagnose health issues in the mother or baby
- Improper monitoring after childbirth
- Incorrect use of birthing tools like forceps or vacuum extractors
- Using excessive force during delivery
Vacuum extractors are used in approximately 5% of assisted deliveries and, when misused, can cause injuries ranging from scalp trauma to skull fractures, brain bleeding, and brachial plexus nerve damage. While some injuries heal on their own, others cause lasting harm.
If your child was injured or died due to lack of oxygen, fetal distress, or other birth injuries, contact Munley Law today for a free case evaluation.
What Evidence Is Needed to Prove a Birth Injury Was Caused by Negligence?
While the types of evidence needed to prove a birth injury was caused by negligence vary from case to case, they always include medical records. 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 expert witnesses who can testify to the proper standard of care your child should have received.
These experts have the training and experience of a doctor. They will work in the same field and area. We will have an expert sign our certificate of merit, as well. Under 231 Pa. Code Rule 1042.3, Pennsylvania requires this type of certificate in every medical malpractice case.
Once we have all the right evidence, we can inform the hospital and doctor. We will tell them we plan to file a lawsuit if they do not offer a fair settlement through their malpractice insurance. Usually, this prompts negotiations, and we can reach a fair settlement. If our Scranton birth injury lawyer is unable to secure a settlement through negotiations, they are prepared to represent you and argue your case in court.
Who Can File a Birth Injury Lawsuit?
Parents or legal guardians can file birth injury lawsuits in Pennsylvania. This is because minors cannot file legal claims on their own.
Any money from the lawsuit is for the child’s benefit. It is often placed in a trust. It can also be used for medical expenses, therapy, and other needs related to the injury.
Working with an attorney who focuses on birth injuries and medical malpractice is essential. They can evaluate your case, collect vital medical evidence, and advocate for your family in court. Since Pennsylvania laws can be complex, a skilled lawyer can help protect your child’s rights. They can also help you get fair compensation for your child’s care.
What Types of Compensation are Available for a Scranton Birth Injury Lawsuit?
Compensation for a birth injury claim can differ from case to case. This depends on the details of each lawsuit. In most cases, you may receive the following compensation for the birth injuries:
- Medical Expenses: This includes the cost of immediate medical care after the injury. It also covers ongoing and future medical costs related to the injury.
- Rehabilitation Costs: If the child requires therapy, these costs can be included in the compensation.
- Special Education Needs: If the child requires special education due to the injury, compensation can cover these costs.
- Pain and Suffering: This is compensation for the physical and emotional distress caused by the injury. In cases of severe birth injuries, the amount can be large. This considers how the injury affects the child’s quality of life for a lifetime.
- 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 cases where a birth injury causes a child’s death, parents may get wrongful death damages. These can cover funeral and burial costs, loss of companionship, and emotional pain.
It’s important to understand that laws about medical malpractice can vary by location. The same goes for compensation related to birth injuries. It’s best to talk to a Munley Law birth injury attorney in Scranton, PA. They can help you understand your options and support your family.
How Long Do You Have to File a Birth Injury Lawsuit?
In Pennsylvania, under 42 Pa. C.S.A. § 5524 (2), you have two years to file a birth injury case. This time starts from the date of the injury. There are important differences between the deadlines for parents filing for a minor and for the child themselves:
- For parents filing for a minor: The two-year period starts on the injury date. It is paused until the child turns 18. This means parents must file a claim until the child’s 20th birthday.
- Minors who turn 18 have two years from their birthday to file a claim. This claim is for a birth injury that happened during their birth.
However, do not wait to discuss your personal injury claims with your legal representation. As time goes on, it can be harder to keep witnesses. Your memory of events may fade. Many other problems can come from waiting too long.
If you or your child is suffering a birth injury, talk to an attorney at Munley Law today. Call us for a free case evaluation. You pay nothing until we win your case.
What Are Your Next Steps If You Suspect a Birth Injury?
If you think your child has a birth injury, take the following steps to begin your quest for justice and fair compensation:
- 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. Make sure to get medical help and keep all your medical records. Take notes and keep a calendar of your doctor visits. Take photos and write down the names of any medical professionals you see. If your birth injury case goes to trial, your attorney can use anything you have recorded and kept for evidence to prove your case.
- Talk to a Birth Injury Lawyer: It is a good idea to talk to a birth injury lawyer in Scranton. They have experience with these cases. They can look at the case details, suggest legal options, and help the person through the legal process.
Frequently Asked Questions About Scranton Birth Injury Cases
How Do I Know if My Child’s Birth Injury was Caused by Medical Malpractice?
You can find out if your child’s birth injury was caused by medical malpractice by allowing a Scranton birth injury lawyer at Munley Law to review their medical records and consult experts to determine whether negligence contributed to the injury. Not all birth injuries result from malpractice, but negligence may be involved if a healthcare provider failed to meet the accepted standard of care. This can include failure to monitor fetal distress, delaying a necessary C-section, or using delivery tools improperly.
How Much Does It Cost to Hire a Scranton Birth Injury Lawyer?
It costs nothing up front to hire a Scranton birth injury lawyer at Munley Law. Our lawyers work on a contingency fee basis, which means you do not pay any legal fees upfront. Your attorney is only paid if they successfully recover compensation for you.
How Long Does a Scranton Birth Injury Lawsuit Usually Take to Resolve?
The length of time it takes for a Scranton birth injury lawsuit to resolve varies depending on the complexity of the claim, the severity of the injury, and whether a settlement is reached or the case goes to trial. Some cases may be resolved in a few months through negotiations, while others can take several years if litigation is necessary. An experienced attorney will work to resolve your case as quickly and efficiently as possible while protecting your child’s interests.
Can a Hospital Be Held Liable for a Birth Injury in Scranton?
Yes, a hospital can be held liable for a birth injury in Scranton if its staff’s negligence or unsafe policies or practices contributed to your child’s injury. This may include errors made by doctors, nurses, or other medical personnel, or failures in training or supervision. A birth injury attorney can investigate all potentially responsible parties to ensure accountability.
What Should I Bring to My Initial Consultation with a Scranton Birth Injury Lawyer?
You should bring any medical records related to your pregnancy, labor, delivery, and your child’s treatment, if available, to your initial consultation with a Scranton birth injury lawyer. It can also help to bring notes about what happened, names of healthcare providers, and any bills or insurance correspondence. This information allows your lawyer to evaluate your case more accurately and advise you on the next steps.
Discuss Your Child’s Case with Our Scranton Birth Injury Attorneys
The Scranton medical negligence lawyers at Munley Law have almost 70 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 our Scranton birth injury lawyer. The consultation is free, and we do not collect a fee unless your birth injury lawsuit is successful.
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.
Munley Law
227 Penn Ave.
Scranton, PA 18503
(570) 865-4699
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Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on March 3, 2026.
