When medical negligence leads to birth injuries, the help of a compassionate, experienced Stroudsburg birth injury attorney is invaluable for seeking fair compensation.
Suffering a birth injury can shatter a family’s world with the stark reality that their newborn’s future—and theirs—has been irrevocably changed. Children affected by birth injuries such as cerebral palsy, brachial plexus nerve damage, and brain damage may experience temporary or permanent disability, loss of mobility, chronic pain, seizures, vision problems, and lasting intellectual disabilities. Unfortunately, you may not learn about the mistake until you are older.
If this happens, can you still sue for a birth injury? Our experienced Stroudsburg birth injury lawyers can answer all of these questions and any others that you may have. If you have reason to suspect that your child’s birth injuries were caused by medical errors or negligence – even if you only discovered this sometime after their birth – or if you wish to seek justice for your own injuries, contact Munley Law today for a free case evaluation and expert advice.
Call Us At 844-686-5397 What is a Birth Injury?
The term birth injury covers a broad spectrum of harm inflicted on a newborn during or shortly after their arrival into the world. The impact of birth injuries on a newborn can range from quickly fading bruises to severe brain damage that might forever change their future.
According to data from the Cerebral Palsy Guide, as many as three infants are born with a birth injury every hour in the United States, representing a birth injury rate of up to 7 in every 1,000 deliveries overall. Around 80% of these injuries are classified as moderate to severe, and range from broken bones and scalp injuries to cerebral palsy, Erb’s palsy, spinal cord injuries, and hypoxic-ischemic encephalopathy (a form of brain damage).
Infants who suffer from birth injuries may also experience co-occurring health conditions, which often only present later in their lives. For instance, up to 50% of infants who are diagnosed with cerebral palsy also have intellectual disabilities; 25% suffer from epilepsy; 7% are diagnosed with autism spectrum disorder; and between 5% and 10% have vision and hearing loss or impairments.
Tragically, some birth injuries can also be fatal. The Centers for Disease Control reports that the ten primary causes of infant death in 2023 – which included medical error-related issues such as unintentional injuries, untreated bacterial sepsis and respiratory distress, and birth asphyxia – accounted for 65.3% of all newborn deaths in the US that year alone.
Sometimes, when birth injuries occur, the aftermath of these injuries remains concealed for years, making it challenging to associate them with the birthing process directly. However, suppose negligence by a medical professional can be established as the cause of your birth injury. In that case, it opens the door to pursuing a lawsuit and potentially receiving compensation for the harm suffered.
When pursuing litigation in a birth injury case, choosing an attorney well-versed in medical malpractice cases is essential for maximizing your chances of a favorable settlement.
Munley Law’s lawyers have been widely recognized for their work in this field, with all of our attorneys honored by Best Lawyers and Marion Munley named the organization’s Lawyer of the Year for Medical Malpractice Law. Caroline Munley has also been selected as one of the Top 25 Medical Malpractice Trial Lawyers in the state, and Super Lawyers has issued eight of our attorneys industry awards, with Marion Munley consecutively achieving status as one of the Top 10 Super Lawyers in Pennsylvania.
“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
What is the Statute of Limitations For Stroudsburg Birth Injury Cases?
A statute of limitations is like a timer for bringing up legal action. This period is generally two years for medical malpractice cases in the Keystone State. However, the rule bends a bit when we talk about birth injuries.
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. For minors (children under 18), the statute of limitations is generally extended.
In Pennsylvania, the statute of limitations for most personal injury lawsuit claims, including birth injuries, is usually two years, as per 42 Pa. C.S.A. § 5524(2). 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.
There might be specific exceptions or exceptional circumstances that could affect this timeline. For example, if the injury wasn’t discovered immediately or if medical malpractice was involved, different rules might apply.
It’s crucial to consult a personal injury attorney, legal expert, or law firm specializing in birth injury cases in Pennsylvania for accurate, up-to-date information. They can provide guidance based on the specific details of the case and any recent changes in the law.
Whether the disability is mental or physical, if it prevents the injured party from pursuing a lawsuit, the statute of limitations clock 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 victims more time to fight for what’s fair and square.
Can You Receive Compensation for a Late-Diagnosed Birth Injury in Stroudsburg?
The aftermath of some birth injuries remains latent for several years, making it difficult to link them to the birthing process. However, when a late-diagnosed birth injury comes to light and medical negligence is proven to be the cause, you can still seek justice.
Pennsylvania law considers this delayed discovery and provides additional provisions to extend the filing deadline. Consequently, a late-diagnosed birth injury does not close the door on your chance to sue for compensation. A birth injury lawsuit can provide the funds for ongoing care.
Birth injury impacts stretch far beyond the initial trauma, demanding care that evolves with a person throughout their life. These needs also entail decades’ worth of additional expenses that can reach into the millions. Care costs for a person with cerebral palsy, for example, have been estimated at more than $1.5 million over the course of the patient’s lifetime.
When a child suffers a birth injury, it affects their future, leading to the need for ongoing, intensive care and medical attention. Birth injuries vary widely; some need just a bit of help, while others require ongoing therapy and medical care.
The importance of securing just compensation becomes glaringly apparent in these circumstances. It can provide a financial cushion for the significant medical expenses, long-term therapy sessions, and care costs that can follow a birth injury.
Why Should I Hire a Stroudsburg Birth Injury Lawyer at Munley Law?
Dealing with a birth injury’s fallout is challenging enough without the maze of legal steps, and that’s precisely why Munley Law’s expertise is crucial. Munley Law’s team excels at dissecting the knotty details of medical malpractice, like birth injuries, to show where things went wrong and fight for what you’re owed.
Our lawyers’ experience in these cases and local law allow us to thoroughly investigate your child’s case, determine liability, and build a strong lawsuit that seeks maximum compensation for your family’s ordeal.
We are also qualified to represent your case in trial, with four of our attorneys board certified in Civil Trial Law and Civil Trial Advocacy by the National Board of Trial Advocacy, and our partners all selected as some of the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association. We have won millions in settlements for families affected by birth injuries, and are ready to fight for a similar outcome for you.
Munley Law’s birth injury lawyers are here to help you build the strongest possible case and will fight for the maximum possible compensation.
Contact us today for a free consultation.
Caroline Munley
Caroline Munley is an experienced and award-winning personal injury lawyer and is a board-certified workers’ compensation specialist. Since 2018, she’s been listed in Best Lawyers in America (Personal Injury Plaintiffs; Workers’ Compensation Claimants, Northeastern PA), Lawdragon, and has been a Pennsylvania Super Lawyer since 2022. A member of the International Society of Barristers, Caroline has won millions of dollars for car accident, commercial truck crash, and workplace injury victims.
