If your baby has suffered a birth injury, a specialized Scranton birth injury lawyer at Munley Law can help you understand the potential causes of their injuries and whether medical malpractice may have been at play. Birth injuries can dramatically alter the course of a family’s life. When investigating why these traumatic events occur in Scranton, one factor consistently emerges as the primary culprit: medical negligence.
Munley Law has handled birth injury lawsuits throughout Pennsylvania for decades, obtaining verdicts of as much as $5 million in medical malpractice cases. Our achievements have gained us recognition from the American Board of Trial Advocates, the Litigation Counsel of America, and the American Association for Justice. We also have several medical malpractice experts on staff, including Caroline Munley and Marion Munley, who are ready to investigate and advocate for your case.
If you believe your child’s birth injury resulted from substandard care, understanding the common causes can help clarify your legal options. Contact our Scranton birth injury lawyers today for a free consultation.
Call Us At 844-686-5397 The Leading Cause of Birth Injuries is Medical Negligence
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. Healthcare providers are trained to identify and respond to complications during pregnancy, labor, and delivery. When doctors, nurses, or hospitals fail to meet the accepted standard of care, preventable birth injuries can occur. These cases may involve failures to monitor fetal distress, delays in performing a necessary cesarean section, medication errors, or the improper use of delivery instruments.
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 effectively after childbirth.
The Birth Injury Justice Center notes that up to 7 in every 1,000 babies born in the United States suffer from birth injuries, which account for up to 20% of the over 20,000 infant deaths reported annually in the US, according to data from the Cerebral Palsy Guide.
“Honoring those who came before us, Munley Law proudly continues our family tradition of innovation, caring, and integrity. Three generations of Munleys have built this firm on one belief: that injured people deserve the same fierce advocacy that the powerful receive as a matter of course. That belief still drives everything we do.”
Caroline Munley
How Do Healthcare Provider Errors Lead to Birth Injuries?
Research cited by the American Medical Association found that approximately 62.4% of obstetrician-gynecologists have been named in at least one medical malpractice lawsuit during their careers, reflecting the high-risk nature of obstetrical care. Several specific forms of medical negligence frequently contribute to birth injuries in Scranton hospitals:
Failure to Monitor Maternal and Fetal Vital Signs
Proper monitoring during pregnancy and labor is essential for detecting potential complications. When healthcare providers fail to monitor adequately:
- Fetal heart rate patterns may go unnoticed
- Maternal blood pressure issues might remain untreated
- Signs of fetal distress can be missed during critical moments
These monitoring failures often lead to delayed interventions when problems arise, increasing the risk of oxygen deprivation and other serious birth injuries.
Improper Use of Birth Assistance Tools
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 occur when a vacuum extractor is used and account for about 5% of all assisted delivery injuries. 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 intervention, serious complications can result in permanent damage to both the mother and the baby.
Failure to Perform Timely C-Sections
When complications arise during labor, a cesarean section is often necessary to prevent birth injuries. Delays in performing emergency C-sections when indicators suggest fetal distress can lead to:
- Oxygen deprivation
- Brain damage
- Physical trauma
- Other serious complications
C-sections allow doctors to safely intervene in a difficult delivery to prevent injury and save lives, but only when performed promptly and used appropriately.
How Different Causes Lead to Specific Birth Injuries
Understanding how various forms of negligence lead to specific types of birth injuries can help clarify potential legal claims:
Oxygen Deprivation and Brain Injuries
Oxygen deprivation during birth is a leading cause of cerebral palsy and other brain injuries. This can occur due to:
- Delayed delivery when fetal distress is present
- Umbilical cord complications
- Failure to monitor and address maternal blood pressure issues
- Improper administration of labor-inducing drugs
Roughly 1 in 345 children has been diagnosed with cerebral palsy in the U.S. each year.
Physical Trauma and Nerve Damage
Physical trauma during delivery can cause several types of injuries:
- Brachial plexus injuries often result from excessive pulling or stretching during delivery, particularly when shoulder dystocia occurs
- Erb’s palsy involves damage to the upper nerves of the brachial plexus, specifically, and around 10% of all cases result in lasting or permanent complications
- Fractures may occur during difficult deliveries, especially if birthing tools are misused, and cranial birth injuries take place in around 7 per 100,000 live births, often due to the misuse of forceps or vacuum equipment
How Our Scranton Birth Trauma Attorneys Investigate Causes
At Munley Law, our team has extensive experience investigating the specific causes of birth injuries in Scranton hospitals. Our process includes:
- A thorough review of all your medical records at every stage of your pregnancy
- Consulting with medical experts who can identify deviations from the standard of care
- Investigate hospital protocols and whether they were followed correctly
- Examine staff qualifications and potential training issues
- Compare similar cases to establish patterns of negligence
Understanding the exact cause of your child’s birth injury is essential for building a strong legal case and securing the compensation your family deserves. Our firm and lawyers have been recognized by the Pennsylvania Bar Association and the Irish Legal 100, and have secured Million Dollar Advocates Forum-listed recoveries for families, reinforcing our long-standing commitment to clients in Scranton and beyond.
How Long Do You Have to File a Pennsylvania Birth Injury Lawsuit?
Pennsylvania birth injury claims are generally governed by the Medical Care Availability and Reduction of Error (MCARE) Act. Under 40 P.S. § 1303.513, a minor typically has until their 20th birthday to bring a medical malpractice claim arising from injuries suffered at birth.
However, the time limits that apply to parents’ individual claims may be much shorter, and important exceptions may affect your case. Medical records can become harder to obtain, and evidence may become more difficult to preserve over time, so families should speak with an experienced birth injury attorney as soon as they suspect medical negligence contributed to their child’s injuries.
An attorney in Scranton can evaluate the deadlines that apply to your specific circumstances and help ensure your rights are protected.
Pennsylvania Birth Injury Cases Require a Certificate of Merit
Pennsylvania law imposes additional requirements in medical malpractice cases. Under Pennsylvania Rule of Civil Procedure 1042.3, plaintiffs generally must file a Certificate of Merit stating that an appropriately qualified medical professional has reviewed the case and concluded there is a reasonable probability that the healthcare provider’s conduct fell outside acceptable professional standards and caused harm.
Birth injury claims often require extensive review of medical records and consultation with qualified medical experts. At Munley Law, we work with medical professionals to evaluate potential malpractice claims and determine whether the evidence supports legal action.
Get Help With Your Birth Injury Case
If your child has suffered a birth injury that you believe was caused by medical negligence, our attorneys can help determine the specific causes and build your case.
Recognized for legal excellence across the industry, all five Munley Law partners hold AV Preeminent ratings from Martindale-Hubbell and have been included among the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association.
Caroline Munley has also earned distinction as one of the Top 25 Medical Malpractice Trial Lawyers in the state. Many of our attorneys are selected as Super Lawyers and Best Lawyers, with Marion Munley awarded Lawyer of the Year for Medical Malpractice Law and ranked among the Top 10 Pennsylvania Super Lawyers.
Contact our Scranton injury lawyers today for a free consultation to discuss the circumstances of your child’s birth injury and explore your legal options.
Munley Law
227 Penn Ave.
Scranton, PA 18503
(570) 865-4699
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Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on June 26, 2026.
