When complications arise before, during, or shortly after childbirth, the effects can be long-lasting, even permanent. Errors made by medical professionals can have profound and life-altering consequences for parents, siblings, and the affected child. For families in Scranton affected by birth injuries, Munley Law’s Scranton birth injury lawyers have been fighting for the victims of injuries such as these common birth injuries for more than 60 years; contact us today to schedule a free consultation.
What is a Birth Injury?
A birth injury is any harm that occurs to an infant before, during, or shortly after birth. These injuries can range from minor bruising to severe conditions that may have lifelong implications. Some common types of birth injuries include cerebral palsy, Erb’s palsy, skull fractures, and oxygen deprivation.
Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the standard of care expected in their field, leading to harm or injury to the patient. In the context of birth injuries, medical malpractice can occur in several ways, such as:
- Failure to monitor the fetal heart rate during labor leads to oxygen deprivation and brain damage.
- Misuse of birth-assisting tools, such as forceps or vacuum extractors, resulting in physical trauma to the infant.
- Delayed or improper response to complications during childbirth, such as umbilical cord entrapment or placental abruption.
- Administering incorrect medications or dosages to the mother during pregnancy or childbirth, leading to birth defects or other complications.
Proving medical malpractice in a birth injury case typically requires expert testimony to establish that the healthcare provider’s actions or lack thereof deviated from the standard of care and directly caused the infant’s injury.
If successful, a medical malpractice claim can result in compensation for medical expenses, future care needs, pain and suffering, and other damages.
What Are Common Birth Injuries in Scranton, PA?
Common birth injuries birth injuries can encompass a range of conditions, including:
- Facial paralysis
- Bleeding in the brain
- Brain damage
- Cerebral palsy
- Erb’s palsy (brachial plexus palsy)
- Hypoxic Ischemic Encephalopathy (HIE; injury to brain cells from lack of oxygen)
- Skull fractures
- Broken bones
- Other birth injuries and trauma
If you suspect your newborn or child has suffered an injury, or if you, yourself, were the victim of a preventable birth injury, and you believe the injury may be the result of a medical error or medical negligence, contact Munley Law today for a free case evaluation.
Do I Need a Birth Injury Attorney in Scranton?
When you are dealing with the aftermath of a birth injury, you are already overwhelmed with making medical decisions, making adjustments to your life and expectations for your child and their care, as well as facing potential unexpected medical costs and more.
Making decisions about complex legal matters such as personal injury law and medical malpractice is not something most families are equipped to do in the best circumstances; when facing all of these other possible challenges, it is nearly impossible to make the best decisions alone.
Personal injury lawyers specialize in representing injury victims and their families, including those contending with birth injuries, and these specialized attorneys can provide legal advice and representation throughout the personal injury claim process.
A Scranton personal injury lawyer at Munley Law will:
- Have the medical and legal knowledge needed to win your case: Birth injury attorneys have extensive experience in handling cases involving birth injuries like cerebral palsy, Erb’s palsy, fetal distress, and oxygen deprivation. We understand these cases’ medical and legal aspects, working closely with medical professionals to gather necessary medical records and assess the extent of the injuries.
- We can negotiate a fair settlement: Birth injury attorneys are specialized personal injury attorneys who can help you understand your legal options and navigate the legal process, including dealing with insurance companies and the at-fault party. Your personal injury attorney from Munley Law can also assist in negotiating a fair settlement to cover medical bills, future care needs, and other damages.
- Free Consultation: Munley Law birth injury attorneys offer free consultations to discuss your case and provide guidance on the best course of action. This allows you to get the legal help you need without worrying about attorney fees upfront. If you decide to proceed with legal action, your attorney can represent you on a contingency fee basis, meaning we only get paid if we win your case.
Hiring a birth injury attorney from Munley Law personal injury law firm can provide you with peace of mind and the assurance that your case is in capable hands, allowing you to focus on your child’s health and well-being.
What Questions Should I Ask a Birth Injury Attorney During the Free Consultation?
During your free consultation with Munley Law, you should ask the following questions to ensure you have a clear understanding of your case and how our firm can help you:
- Can you explain your experience with birth injury cases, particularly those involving your child’s specific injury, such as skull fractures, broken bones, head trauma, cerebral palsy, or Erb palsy?
- What is the typical process for handling birth injury cases at your firm, and what role will I play?
- How will you communicate with me throughout the case, and how can I reach you if I have questions or concerns?
- What types of compensation can I pursue for my child’s injuries, including medical bills, future care such as occupational therapy, other needs, and other damages?
- How will you gather and review the necessary medical records and other evidence, such as providing medical expert witnesses to support my case?
- What legal options do I have, and what are the potential outcomes of pursuing legal action?
- How do you negotiate with insurance companies and the at-fault party to seek a fair settlement?
- How are attorney fees structured, and what costs should I expect during the legal process?
- Can you provide references or testimonials from past clients with similar cases? Can you provide examples of other settlements you have won for other injured victims in similar cases?
- Based on your initial assessment, do you believe my case is worth pursuing, and what challenges do you foresee?
Call Munley Law today for your free consultation. We will answer all of your questions and make sure you have a clear understanding of your path forward in collecting fair compensation to help you and your family recover from an unexpected birth injury.
How Long Do I 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 Firm today. Call us for a free case evaluation. You pay nothing until we win your case.
Our Scranton Birth Injury Attorneys Can Help
If your family has been affected by a birth injury, and you have questions about what financial compensation you might be entitled to, call Munley Law today for your free consultation.
We will review your case, answer your questions, and discuss a path forward together to help you get the financial compensation you need for your child to recover and thrive.
Munley Law Personal Injury Attorneys
227 Penn Ave.
Scranton, PA 18503
(570)865-4699
Scranton Practice Areas
