Wilkes-Barre Birth Injury Lawyer

When is a Birth Injury Considered Medical Malpractice in Wilkes-Barre?

Many people believe that if their child suffers an injury during birth, the doctor is automatically liable. Sometimes, though, these conditions occur as a natural complication of the birth process. There is little anyone can do to prevent them.

Babies are fragile, and the labor and delivery process is strenuous. A well-trained and attentive doctor will ensure they follow proper protocol, no matter the changing situation. At the same time, medical professionals will do everything in their power to deliver your baby safe and healthy.

However, not all doctors operate with the care required by their profession. Medical negligence can occur when a doctor strays from proper protocol or becomes lax in their attention to detail. A few ways this negligence can cause a birth injury include:

• Failure to carefully observe the mother and baby during pregnancy, labor, and delivery
• Failure to notice issues that might cause oxygen deprivation during delivery
• Prescribing contraindicated medications to the mother during pregnancy
• Failure to follow proper techniques during difficult deliveries
• Failure to order a necessary emergency C-section
• Poor technique with instruments such as forceps and vacuums

If you believe a doctor or other medical care provider acted carelessly or recklessly and caused your child’s birth injury, let our Wilkes-Barre injury attorneys evaluate your situation. Our consultations are always free, and you pay no fees until we recover compensation for your family.

How Do I Know if My Child Suffered a Birth Injury in Wilkes-Barre?

Certain medical conditions like cerebral palsy, Erb’s palsy, fetal distress, and fetal stroke can be a result of a birth injury, as the baby may have been without oxygen for some time during labor and delivery.

However, there are other signs of birth injury occurring, even when one of the above diagnoses is not present. These include:

• Bruising, swelling, abrasions on the baby’s head, face, or shoulders
• Seizures within 48 hours of birth
• If the baby required CPR or a breathing tube during delivery
• Limp arms

While it may take some time to realize that your newborn’s medical needs are a result of a birth injury, it will be important that the family begins keeping records of any and all medical treatment.

Why a Wilkes-Barre Birth Injury Attorney is Needed For Your Case

Once our Wilkes-Barre birth injury lawyer takes your case, we will investigate every aspect of your child’s birth injuries, including requesting medical records and talking to experts in the field. This is key to determining whether medical malpractice occurred and exactly how the doctor veered away from providing the accepted standard of care.

We must also present a certificate of merit to support our case within 60 days of filing your malpractice claim. This certificate, signed by a doctor, states that we have a valid medical negligence claim.

Identifying the best doctor for this task is imperative because they will likely also provide the testimony that helps us understand how the doctor’s actions led to your child’s birth injuries. This expert witness will have similar training to the doctor we are challenging. They will work in the same specialty and in the same geographic area.

Once the hospital, doctor, and insurance company see the strength of the case we built, they will likely be willing to negotiate a settlement with us. Our birth injury lawyers in Wilkes-Barre will aggressively negotiate to ensure you receive a settlement covering all your losses.

If they deny any wrongdoing, refuse to negotiate, or deny our claim, we will not hesitate to file a lawsuit and take your case to court. Our Wilkes-Barre medical malpractice lawyers have consistently received accolades and been included on prestigious lists of top attorneys nationwide, so you can feel confident in our ability to represent you in front of a judge and jury. Our Wilkes-Barre personal injury lawyers care deeply about our clients and will do everything we can to recover the compensation your family deserves.

Compensation for a Birth Injury in Wilkes-Barre, PA

You may be eligible to collect three types of damages if you can prove the doctor who caused your child’s birth injury acted negligently. These damages include:

• Expenses and Financial Losses: Also known as economic damages, this should cover your expenses and financial losses related to your child’s birth injury. This may include costs such as medical care, therapy, medical devices, ongoing therapy, and more.
• Intangible Losses: Commonly known as pain and suffering damages, this includes compensation for the pain and suffering your child endures because of the birth injury he suffered. Our birth injury attorneys can help you understand the potential value of non-economic damages.
• Punitive Damages: While rare, judges sometimes award punitive damages in birth injury cases if there is evidence of gross negligence or intentional malice. These damages punish the doctor or hospital for its wrongdoing instead of compensating you for your losses. If the judge believes the doctor intentionally acted in a careless manner, there is no cap on these damages.

Common Types of Birth Injuries in Wilkes-Barre, PA

A birth injury occurs when a newborn suffers injury or harm during the birthing process; this can be due to factors like the size or position of the baby but can also be due to medical negligence or errors.

Injuries can range from mild to severe, impacting the child’s life and the family’s emotional and financial well-being. Some of the most common birth injuries include:

• Cerebral Palsy: Considered one of the most serious birth injuries, cerebral palsy occurs due to oxygen deprivation to the baby’s brain during birth. This condition affects muscle coordination and body movement and can result from medical negligence during labor and delivery.
• Brachial Plexus Injuries: Brachial plexus injuries occur to the network of nerves that sends signals from the spine to the arm, hand, and shoulder. Erb’s palsy, a form of brachial plexus injury, occurs due to excessive pulling on the baby’s head during delivery.
• Fractures: Collarbone or clavicle fractures are very common birth injuries that can happen during a difficult or mishandled birth process. Improper use of delivery tools like forceps or vacuum extractors often contributes to such injuries.
• Hypoxic-Ischemic Encephalopathy (HIE): HIE is a condition caused by a lack of oxygen and blood flow to the baby’s brain. This can result in significant neurological impairments as a result of errors in monitoring and responding to fetal distress.
• Intracranial Hemorrhage: Also known as bleeding inside the skull, intracranial hemorrhage occurs due to trauma during birth. If not addressed immediately, it can result in life-long complications.
• Perinatal Asphyxia: If the baby does not receive enough oxygen before, during, or immediately after birth, they may suffer from perinatal asphyxia, which can cause neurological and physical issues.
• Meconium Aspiration Syndrome: If a newborn inhales a mixture of meconium and amniotic fluid at the time of delivery, meconium aspiration syndrome can occur, causing severe breathing difficulties and other complications.

Birth injuries may also occur during the perinatal period if a condition was found during pregnancy but was not appropriately handled or prepared for by medical professionals before labor.

Frequently Asked Questions About Birth Injuries in Wilkes-Barre

Why Do Birth Injuries Happen?

It is estimated that 7 in every 1,000 children will suffer from a birth injury. However, why the birth injury occurred in the first place can be from a variety of reasons. Preterm births often result in a higher likelihood of a birth injury with the most common outcomes being cerebral palsy and Erb’s palsy.

When a baby is born prematurely, they have lower body weight, making them more susceptible to illness and injury which, when not treated appropriately by medical staff, can lead to serious injury, illness, and even death.

While they do still occur, an infant born via c-section is less likely to suffer an injury during birth.

How Long Do I Have to File a Birth Injury Lawsuit?

You have two options when it comes to filing a lawsuit or making a claim for a Wilkes Barre birth injury. The family of the child may be able to file a claim on behalf of the child for the injuries sustained. However, in many cases, the court allows the child to file a claim up until they are 20 years old, so long as the injury occurred before they were 18.

If the injury resulted in death, the family may be able to file a wrongful death claim with the help of a birth injury attorney or a personal injury case against the responsible medical professionals, hospital staff, etc.

When Should I Start Collecting Evidence of My Newborn’s Birth Injury?

Depending on the severity of your child’s injuries or long-term medical needs, you may be able to begin collecting evidence of the injury right away. For example, if you know that your baby was measuring perfectly and was given a clean bill of health in your final ultrasound, but then is born with multiple preventable conditions, you’ll want to start figuring things out right away.

However, some injuries can take weeks, months, or even years to emerge which means you should take advantage of the extended statute of limitations. Once your child turns 18, the clock starts ticking, so the sooner you can get the documentation and evidence you need, the better it will be.

If you are unsure if your child’s conditions are a result of a birth injury, or a genetic condition that was missed or unable to be seen via ultrasound or prenatal testing, call a Pennsylvania injury lawyer before you begin your case.

How Much Does It Cost to Hire a Wilkes-Barre Birth Injuries Attorney?

With the expenses of a newborn and the added costs of medical needs because of the birth injury, you are likely worried how you’ll afford a Wilkes Barre Pa law firm.

What is important to know is that whether you need an attorney for your car accident, wrongful death, or a birth injury diagnosis like cerebral palsy, most lawyers do offer a free consultation.

From there, if the firm works on a contingency basis like Munley Law Personal Injury Attorneys, you won’t pay anything upfront. Instead, the firm isn’t paid until a settlement or verdict is reached.

These injuries are costly enough, but they shouldn’t stop you from seeking the justice you deserve.

Talk to a Birth Injury Lawyer in Wilkes-Barre Today

We know that during pregnancy, you and your family did everything you could to keep the child inside of you safe from harm. But when the people who are supposed to protect it once it enters the world make a mistake, those life-changing events need to be accounted for.

At Munley Law Personal Injury Attorneys, we have almost 60 years of experience handling Pennsylvania medical malpractice and birth injury claims. Call our team today and let us review your case. We offer free case evaluations, and you do not pay anything unless we win compensation for you in your birth injury claim.

Call our office today for your free consultation with a Wilkes-Barre birth injury attorney.

Munley Law Personal Injury Attorneys

1170 PA-315
Wilkes-Barre, PA 18702
(570) 399-0406