injured newborn

Philadelphia Birth Injury Lawyer

If your child has suffered a birth injury, you must determine whether it was caused by medical malpractice. The experienced Philadelphia birth injury attorneys of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can help you get answers.

The unfortunate reality is that doctors, nurses, and other health care providers often make preventable mistakes before, during, and after a child’s delivery that cause serious birth injuries. These negligent medical errors may lead to a child having a disability that requires lifelong care and treatment.

Contact Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., to schedule a free and confidential consultation. We will review your case, answer all of your questions, and explain your legal rights and options.

Call us today and allow our Philadelphia birth injury lawyers to put their skill and experience to work for you.

Birth Injuries Caused By Medical Malpractice

Not all medical mistakes and errors are grounds for a medical malpractice lawsuit. All medical procedures, including delivering a baby, carry a level of uncertainty. When doctors and other medical providers follow the proper procedures, uncertainty is minimized. When they negligently deviate from the procedures and cause a birth injury, they could be held accountable for medical malpractice.

To file a birth injury lawsuit for medical malpractice, you must be able to prove:

  • Negligence. You must prove that the doctor or other health care provider acted in a way that another qualified professional would not have under similar circumstances.
  • Causation. The negligence has to be the direct cause of the birth injury.
  • Harm. You must prove that the malpractice caused an injury. Sometimes physicians make mistakes that don’t cause harm. You can file a birth injury lawsuit only if you incur damages from the physician’s negligence.

Numerous parties may be held liable for a birth injury claim resulting from medical malpractice, such as:

  • Obstetrician
  • Anesthesiologist
  • Nurse
  • Pharmacist
  • Lab technician
  • Hospital
  • Medical device manufacturer
  • Pharmaceutical company

Depending on the facts and circumstances of the birth injury case, any of the parties above, or others, may be liable. For example, if an error happened during a C-section, the obstetrician, anesthesiologist, nurse, and the hospital could all potentially be held responsible. If the birth injury was caused by defective medical equipment or a defective drug, the manufacturer or the drug maker may be at fault.

A qualified birth injury attorney from Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can review your case and discuss all your options for moving forward with an injury claim. Our extensive experience investigating birth injury cases will help us to get answers about what happened to your child. If we discover evidence of medical malpractice, our lawyers can help you seek the full and fair compensation you deserve.

Compensation to Help Your Family After a Birth Injury

Birth injury claims may be brought on behalf of both the child and parents. In these cases, the injured party is the baby or mother, or sometimes both. The injured party may be entitled to both economic and non-economic damages.

Economic damages include:

  • Medical expenses (past and future)
  • Rehabilitation and ongoing special needs assistance
  • Lost wages
  • Lost earning capacity
  • Caretaking expenses

Non-economic damages include:

  • Disability
  • Shortened life expectancy
  • Increased risk of future harm
  • Pain and suffering
  • Loss of consortium (when a mother is injured)

Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can calculate the amount of your losses and that should be sought on behalf of you and your child. We often base this determination on medical records and the consultation with medical experts.

You may also seek punitive damage if the evidence indicates that your child’s injury resulted from willful conduct. If your child died from a birth injury, a different set of damages would be sought with a wrongful death claim.