Birth injuries happen for many reasons. Suppose you believe your baby’s birth injuries were caused by medical negligence or are the fault of medical professionals present before or during your labor and delivery process. In that case, you might be entitled to collect financial compensation for your birth trauma.
The Scranton birth injury attorneys at Munley Law are the experts in birth injury law in Scranton. If your baby has suffered a birth injury, you might have a birth injury claim. Call Munley Law’s Scranton birth injury lawyers today for a free consultation.
What’s the Difference Between a Birth Injury and a Birth Defect?
The difference between a birth injury and a birth defect is birth injuries occur during the labor and delivery process, often due to complications or as the result of medical malpractice. Birth defects, on the other hand, are a result of genetics.
What is a Birth Injury?
Unlike birth defects, birth injuries are not present before birth and are typically the result of factors such as medical negligence or mistakes made by doctors or other healthcare providers.
Common birth injuries include brachial plexus injuries (such as Erb’s palsy), complications from failing to take the recommended steps to resolve shoulder dystocia, head trauma, bone fractures, brain damage (such as hypoxic-ischemic encephalopathy or intracranial hemorrhage), umbilical cord emergencies, spinal cord injuries, nerve damage and more.
Most common birth injuries can severely affect both the mother and baby during the birth process and for long after.
What is a Birth Defect?
Birth defects are genetic abnormalities that develop before birth, affecting the baby’s body structure or function. These can range from minor issues to severe, life-threatening conditions. Genetic factors, environmental influences, and maternal infections during pregnancy can contribute to birth defects. These conditions are present before and at birth and can affect various body parts, such as the heart, brain, spine, or limbs.
Examples of genetic birth defects include heart defects, cleft lip or palate, and neural tube defects.
The key differences between birth injuries and birth defects are:
- Cause and Timing: Birth defects are caused by genetic factors or environmental influences before birth, while birth injuries occur during labor and delivery, often due to complications of medical negligence or mistakes.
- Preventability: Birth defects are generally not preventable, whereas some birth injuries may be preventable with the proper medical intervention.
- Legal Considerations: Birth defects are typically not considered medical malpractice unless there is evidence that a healthcare provider’s actions contributed to the defect. However, if a birth injury is caused by medical negligence, it may be grounds for a medical malpractice lawsuit. Many birth injuries could have been prevented. Although birth injuries differ in cause and the effects they have on your family and your baby, birth injury lawsuits are one way to collect financial compensation for your distress, medical bills, and any lifelong consequences you or your child may have due to their injury.
Call a Scranton birth injury lawyer at Munley Law today if you believe you have a birth injury lawsuit. We have been fighting for Scranton families for more than 60 years. Birth injuries have serious consequences. You need a lawyer who will fight for your maximum allowed compensation.
What Causes Most Birth Injuries in Scranton?
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 Type Of Birth Injury Cases Happen In Scranton, PA?
In Scranton, PA, various types of birth injury cases can occur, each with its implications and potential causes. Some of the most common birth injury cases in Scranton are:
- Cerebral Palsy: Cerebral palsy is a group of disorders that affect movement and muscle tone. It can result from brain damage before, during, or shortly after birth. Causes can include oxygen deprivation, infections, or trauma during delivery.
- Erb’s Palsy: Erb’s palsy is a condition that affects the nerves in the shoulder and arm, often caused by shoulder dystocia during birth. It can result in weakness or paralysis in the affected arm.
- Brachial Plexus Injuries: These injuries involve damage to the network of nerves that control the shoulder, arm, and hand muscles. They can occur due to excessive pulling or stretching during delivery.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage caused by oxygen deprivation and limited blood flow to the brain, often due to complications during labor and delivery.
- Skull Fractures: Fractures to the skull can occur during difficult deliveries, mainly if instruments like forceps or vacuum extractors are misused.
- Brain Damage: Brain injuries can result from various factors, including trauma during birth, oxygen deprivation, or infections. These injuries can lead to lifelong disabilities.
- Spinal Cord Injuries: Injuries to the spinal cord can occur if there is trauma during delivery, potentially leading to paralysis or other neurological issues.
Each of these birth injuries can have long-lasting effects on the child and their family. If you suspect that your child has suffered a birth injury due to medical negligence, it’s essential to seek legal advice to understand your options for seeking compensation. Call Munley Law’s Scranton birth injury law offices today for your free case evaluation.
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 of your medical records, take notes, keep a calendar of doctor visits, take photos, and note the names of any medical professionals you consult with. 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 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.
- Understand Statutes of Limitations: Knowing the statute limitations for medical malpractice cases in the relevant jurisdiction is essential. These statutes set a time limit for filing a lawsuit, so it is essential to act promptly.
Get Your Free Case Consultation Today!
If your child has suffered a birth injury, or your child has died as the result of a birth injury, call a Scranton birth injury lawyer at Munley Law today for your free case evaluation. We charge nothing until we win your case.
Munley Law Personal Injury Attorneys
227 Penn Ave.
Scranton, PA 18503
(570)865-4699
Scranton Practice Areas
