At Munley Law, our Stroudsburg birth injury lawyers are here to help parents of injured newborns obtain the financial resources they need to give their child a long, healthy life. We can help you file a lawsuit that secures you fair compensation to cover medical bills, lost wages, and other expenses from your child’s injury.
Our attorneys have extensive experience in litigating medical malpractice cases, including those that have led to birth injuries in Stroudsburg, and have won settlements for affected families worth $5 million, $4.35 million, and $3.5 million. With Marion Munley selected as Best Lawyers’ Lawyer of the Year for Medical Malpractice Law and Caroline Munley recognized as one of Pennsylvania’s Top 25 Medical Malpractice Trial Lawyers, we have the legal acumen needed to hold the responsible parties accountable for the pain and suffering they have caused.
If your newborn suffered a birth injury due to the negligence of a medical professional, reach out to the Stroudsburg personal injury lawyers at Munley Law. Call today for a free consultation with one of our compassionate birth injury lawyers.
Call Us At 844-686-5397 How Does Negligence Cause 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 while doing something. During pregnancy, delivery, and neonatal care, doctors must observe the mother and the newborn properly and act quickly if anything is wrong.
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 the 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 in an injury to your child, you do have the right to file a personal injury lawsuit. Munley Law’s birth injury attorneys in Stroudsburg can help you file the claim. Contact us today to learn your legal options.
How Does a Stroudsburg Birth Injury Attorney Build 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 settle, we will go to trial. Using the evidence we collected, plus testimony from medical experts, we can 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.
“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
What Are the Most Common Birth Injuries Caused By Negligence in Stroudsburg, PA?
When the baby or mother 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. Medical malpractice continues to be the third-leading cause of death across the United States. The possible injuries include, but aren’t limited to:
- 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. According to the Birth Injury Justice Center, around 2 out of every 1,000 newborns are diagnosed with Erb’s Palsy, with around 10% of these cases resulting in ongoing complications and long-term rehabilitation.
- 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. Cerebralpalsy.org notes that around two to three out of every 1,000 children born in the United States will suffer from cerebral palsy, equating to around 10,000 babies diagnosed with this condition each year.
- Facial paralysis: Pressure on the baby’s face during labor and delivery can result in partial facial 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. Data from the Cincinnati Children’s Hospital suggests that facial paralysis occurs in around 1 out of every 1,000 babies born, and can be caused by a difficult birth, traumatic injuries such as skull fractures, and undiagnosed prenatal infections.
- 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. A recent study on surgical errors and complications following C-sections finds that 1.98% and up to 8.43% of the mothers included in the research experienced a surgical error or complication, respectively. According to the Birth Injury Justice Center, medical negligence such as inadequate monitoring, delayed C-sections, and surgical errors, are some of the leading causes of C-section injuries.
- Brain injuries: These can include seizures or hypoxic-ischemic encephalopathy (HIE), which prevents adequate blood flow to the baby’s brain. A study in the journal Frontiers in Public Health found that neonatal encephalopathy (a type of brain injury) caused by birth asphyxia and trauma accounts for up to 23% of global infant deaths alone.
- Preeclampsia: A blood pressure condition that develops during pregnancy. The MSD Manuals note that preeclampsia occurs in around 4.6% of all deliveries, causing heightened blood pressure which can prove fatal for mother or child if not diagnosed and treated promptly.
- Uterine rupture: A complete division of all three layers of the uterus. A study on uterine rupture cases finds that women who have had one previous C-section have around a 1% risk of uterine rupture, while women who have had multiple C-section deliveries carry a risk as high as 3.9%, which can cause serious neonatal complications such as low APGAR scores, severe acidosis, and a need for immediate, life-saving emergency treatment in NICU.
- 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. According to a birth injury study in the Journal of Pediatrics, scalp injuries are the most common type of birth injury reported in the US, accounting for about 80% of all cases.
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, different rules might apply if the injury wasn’t discovered immediately or if medical malpractice was involved.
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 in Stroudsburg 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 fair compensation.
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, as per Pennsylvania Code 42 Pa. C.S.A. § 5524 (2). While this may seem like a long time, parents will agree – two years fly 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 file your claim 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 significantly 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 highly intimidating. Insurance adjusters are notorious for manipulating facts to get you to settle for less. When you work with our Stroudsburg birth injury lawyer, we will negotiate. If necessary, we will take your case to trial.
Munley Law’s Certifications and Awards
The Stroudsburg birth injury attorneys at Munley Law have won millions for our clients, including a $5 million settlement in one of our medical malpractice cases. During our nearly seven decades of legal work, we have also won many of the law industry’s most respected awards and achievements. Our firm has four lawyers certified by the National Board of Trial Advocacy in Civil Trial Law and Civil Trial Advocacy, and all of our partners have been ranked as some of the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association.
Frequently Asked Questions About Birth Injuries in Stroudsburg, Pennsylvania
How Common are Birth Injuries in Stroudsburg, PA?
Specific statistics for birth injuries in Stroudsburg are not available yet, but the typical rate for birth injuries in the United States is cited at between 6 and 7 per 1,000 births, affecting nearly 30,000 newborns across the nation each year.
What Are the Most Common Types of Birth Injuries?
A recent study suggests that the vast majority (80% or more) of birth injuries are scalp injuries. Collarbone fractures, cerebral palsy, brachial plexus nerve damage, and spinal cord injuries are some of the other frequently reported birth injuries in the United States.
What is a Certificate Of Merit in Pennsylvania Birth Injury Cases?
In order to pursue any kind of medical malpractice case in Pennsylvania, proceedings require you to gather a ‘Certificate of Merit’ from a licensed medical professional. This states that they have reviewed the claims, and there is a reasonable probability that the care fell below acceptable standards and caused harm. The certificate of merit must be filed within 60 days of filing the complaint.
How Can I Prove That My Child’s Birth Injury Has Been Caused by Medical Malpractice?
To prove that your child’s injuries resulted from medical malpractice, you will need to provide evidence that their healthcare provider did not provide them with the proper standard of care, by failing to monitor fetal distress or infection, misusing delivery tools, or delaying a C-section, for instance. A skilled birth injury lawyer can evaluate your child’s medical records and consult with medical experts to determine whether or not their injuries were caused by negligence. If medical malpractice was involved, your lawyer will begin building a case to seek compensation for your family’s suffering.
How Should I Prepare for My Initial Consultation with a Stroudsburg Birth Injury Attorney?
You can prepare for your first consultation with a birth injury lawyer by gathering and bringing with you all of the medical records created during your pregnancy, labor, delivery, and the treatment of your newborn. Along with these documents, bring along the names of your primary healthcare providers, any journal entries or notes you made of what took place during your incident, your medical bills, and all correspondence you’ve had with insurers. Your lawyer will evaluate all of this documentation and advise you on how to proceed.
How Much Will It Cost Me to Hire a Stroudsburg Birth Injury Lawyer?
The birth injury lawyers at Munley Law handle these cases on a contingency fee basis. This means you will not need to pay any fees upfront for our services and will only be liable for legal fees if we win your case and secure the compensation your family needs to move forward.
Contact a Stroudsburg Birth Injury Attorney at Munley Law
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.
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.
