Your child may have suffered a birth injury due to your doctor’s negligence. Contact a birth injury lawyer in Wilkes-Barre for a free, confidential consultation.
If a doctor acted negligently and caused your child to suffer a birth injury, you may be able to file a medical malpractice claim against them. By filing an insurance claim or civil suit, you may be able to collect compensation to pay for treatment, therapy, and even ongoing care costs.
No matter where you give birth, mistakes can happen. Not all birth injuries will support a medical malpractice claim against the doctor who delivered your child or the hospital where the delivery occurred. A birth injury lawyer in Wilkes-Barre can review your case and help you understand your rights for compensation on behalf of your child.
Munley Law began serving families in Northeast Pennsylvania in 1959 and is still one of the most trusted names in the state for medical malpractice cases. Consistently ranked among the top law firms in the nation, we have helped hundreds of families like yours get the payouts they need and deserve.
Call us today at (855) 866-5529 for a free consultation.
Possible Damages After a Successful Wilkes-Barre Birth Injury Case
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
- Prescription drugs
- Ongoing care
- Wheelchairs, walkers, and other mobility devices
- Necessary adaptive equipment
- Lost wages, if you missed significant time from work
- Other out-of-pocket costs
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. We can help you understand the potential value of this type of noneconomic 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.
When a Birth Injury is Malpractice
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 he follows proper protocol, no matter the changing situation. At the same time, he will also do everything in his power to deliver your baby safe and healthy.
However, not all doctors operate with the care required of their profession. When a doctor strays from proper protocol or becomes lax in his attention to detail, medical negligence can occur. 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 us evaluate your situation. Our consultations are always free, and you pay no fees until we recover compensation for your family.
Recovering Compensation in a Wilkes-Barre Birth Injury Case
Once we take your case, we will investigate every aspect of your child’s birth, 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 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. We will aggressively negotiate to ensure you receive a settlement that covers the entirety of 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 trial lawyers have consistently received accolades and been included on prestigious lists of top attorneys across the state and nation, so you can feel confident in our ability to represent you in front of a judge and jury. The Munley Law team cares deeply about our clients and will do everything we can to recover the compensation your family deserves.
Talk to a Birth Injury Lawyer in Wilkes-Barre About Your Case for Free
At Munley Law, 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 at (855) 866-5529 for your complimentary consultation with a Wilkes-Barre birth injury attorney.