Stroudsburg Birth Injury Lawyer

At Munley Law, our Stroudsburg birth injury lawyers want to help parents of injured newborns receive the financial resources necessary to give their child a long, healthy life. When you file a birth injury lawsuit, you can secure fair compensation to cover medical bills, lost wages, and other expenses from your child’s injury.

If your newborn suffered a birth injury due to the negligence of a medical professional, reach out to the birth injury lawyers at Munley Law. Call today for a free consultation with one of our compassionate birth injury lawyers. We will discuss all your legal options and then work to recover the compensation you deserve. Contact our Stroudsburg office today to schedule a free consultation.

How Negligence Causes Birth Injuries in Stroudsburg

When we step into a doctor’s office or hospital, we rely on medical professionals to do everything possible to ensure we are safe and healthy. A doctor has a legal duty to their patient to provide the best care possible. Anything less than that is negligence.

Negligence is failing to take proper care in doing something. During pregnancy, delivery, and neonatal care, doctors must observe the mother and the newborn properly. If anything is wrong, they must act quickly.

During pregnancy, medical malpractice most often occurs in the form of misdiagnosis or delayed diagnosis. The mother must be thoroughly screened for high-risk factors such as preeclampsia, diabetes, and infections. If anything is missed or ignored, that is medical malpractice.

Although healthy babies are delivered daily, many factors can quickly go wrong. Medical professionals must be diligent to ensure the mother and baby are healthy. Medical professionals can commit medical malpractice during labor and delivery by:

• Failing to monitor mother and baby properly
• Failure to order a C-section in a timely fashion
• Failure to detect fetal distress
• Misuse of Pitocin
• Misuse of forceps, vacuum, and other medical instruments

Even if the delivery went smoothly, medical emergencies can still happen. Doctors, nurses, and other health care staff must monitor the baby’s oxygen levels, examine the baby in case of jaundice, and ensure the mother’s blood loss is controlled. If the medical staff failed to protect the mother and newborn after the delivery and the baby was injured as a result, there was apparent negligence.

If medical malpractice occurs and results from an injury to your child, you do have the right to file a personal injury lawsuit. Our injury lawyers in Stroudsburg can help you file the claim. Contact us today to learn your legal options.

How a Stroudsburg Birth Injury Attorney Builds a Personal Injury Case

In the pursuit of justice for families affected by birth injuries, building a solid case around medical negligence is vital. Birth injury lawyers in Stroudsburg have the knowledge and expertise to navigate the complex legal process and gather evidence to establish negligence.

• Our birth injury lawyer will thoroughly investigate the case and gather medical records, expert opinions, and witness testimonies to prove negligence. They’ll team up with seasoned health professionals who can clearly show the care level that should have been in place during childbirth and pinpoint whether this was overlooked.
• Using the evidence we have collected, we will craft a robust argument showing how the party in question caused the birth injury through their actions or lack thereof.
• We will begin negotiations with the insurance companies, making sure that your family is compensated for the pain and suffering your child experienced.
• If we cannot reach a settlement, we will go to trial. Using the evidence we collected, plus testimony from medical experts, we will be able to prove that medical malpractice occurred.

Showing that negligence occurred demands a thorough grasp of medical malpractice laws and the skill to explain complicated medical ideas in a way that both judges and juries can understand. A skilled birth injury lawyer in Stroudsburg will use their expertise and resources to ensure that negligence is proven and justice is served for the injured child and their family.

Most Common Birth Injuries Caused By Negligence in Stroudsburg, PA

When the baby suffers a trauma either during the pregnancy, during delivery, or right after that is considered a birth injury. Medical errors are the leading cause of birth injuries. In fact, medical malpractice continues to be the third-leading cause of death across the United States. The medical professionals who could have possibly caused the injury include, but aren’t limited to:

The most common birth injuries are:

• Brachial palsy: Brachial palsy occurs when the group of nerves in the arms and hands (called the brachial plexus) is injured. The most common type is called Erb’s palsy. This most commonly happens when there is trouble delivering the baby.
• Cerebral palsy: Cerebral palsy is a lifelong neurological condition that impacts a person’s muscle coordination and movement ability. It is often caused by damage to the developing brain before, during, or shortly after birth.
• Facial paralysis: Pressure on the baby’s face during labor and delivery can result in partial face paralysis. If a nerve is bruised, the paralysis may lift within a few weeks. However, if the nerve was severed, the baby may require surgery to fix it.
• C-section errors: These injuries can affect both mother and baby. For the newborn, a c-section error can result in an umbilical prolapse, lacerated bowels, nerve damage, or lung and heart complications.
• Brain injuries: These can include seizures or Hypoxic Ischemic Encephalopathy (HIE), which prevents adequate blood flow to the baby’s brain.
• Preeclampsia: A blood pressure condition that develops during pregnancy.
• Uterine rupture: A complete division of all three layers of the uterus.
• Bruising, scalp scratches, forceps marks: When forceps are used in delivery, they can leave temporary marks or bruises on the baby’s face and head.

How Old Can I Be to Sue for a Birth Injury in Stroudsburg, PA?

In Stroudsburg, PA, as in other parts of Pennsylvania, the statute of limitations for filing a birth injury claim typically depends on whether the injured party is a minor or an adult. In Pennsylvania, the statute of limitations for most personal injury lawsuit claims, including birth injuries, is usually two years. However, for minors, this period does not begin until they reach the age of 18. This means a child who suffered a birth injury could potentially file a lawsuit until they turn 20 years old.

Specific exceptions or exceptional circumstances could affect this timeline. For example, if the injury wasn’t discovered immediately or if medical malpractice was involved, different rules might apply.

Whether the disability is mental or physical, if it prevents the injured party from pursuing a lawsuit, the clock of the statute of limitations comes to a standstill. Essentially, the time frame for filing a birth injury lawsuit remains on pause until the disability is no longer a barrier. This extra rule is a nod to the complexity of many birth injuries, giving folks more time to fight for what’s fair and square.

When should I contact a Stroudsburg birth injury lawyer?

The parents of an injured newborn have two years from the date of the injury (or the date of discovery) to file a birth injury claim. While this may seem like a long time, parents will agree – two years flies by. If your newborn has extensive injuries due to medical errors, bills will surely start piling up. It is in your best interest to act quickly and get your claim filed as soon as possible.

There is no law in Pennsylvania stating that you need legal representation in a personal injury lawsuit. However, your chances of recovering the maximum compensation greatly increase when you have a legal expert in your corner. When you go up against a large hospital and its insurance company, it can be extremely intimidating. Insurance adjusters are notorious for manipulating facts to get you to settle for less. When you work with a Munley birth injury lawyer, we will do the negotiating. If necessary, we will take your case to trial.

The Stroudsburg birth injury attorneys at Munley Law are continually listed in The Best Lawyers in America. We have won millions for our clients, including a $5 million settlement in one of our medical malpractice cases. Call today for your free consultation – we will get to work to ensure your family’s financial future is secure.

If your child suffered an injury at birth that was the result of medical negligence, Munley Law can help. Contact our Stroudsburg birth injury lawyers today to schedule a free consultation. There is no fee unless we win your case.

Munley Law Personal Injury Attorneys

27 N 6th St,
Stroudsburg, PA 18360
(570) 338-4494