Approximately 7 out of every 1,000 children born in the United States will suffer a birth injury. A significant percentage of birth injuries are avoidable and occur because of medical negligence or physical trauma. 1)CDC’s National Center for Health Statistics ttps://www.cdc.gov/nchs/fastats/infant-health.htm
If your child suffered an injury during birth, you must determine whether it was caused by medical malpractice. The attorneys of Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C. are experienced and have proven results showing we can get you the compensation you deserve.
What is Considered a Birth Injury?
A birth injury occurs as a result of medical negligence during childbirth, which may cause permanent disability or developmental difficulties for your child. Birth injuries are not to be confused with birth defects, which are irregularities that happen prior to birth. Usually, birth injuries require lifelong care, rehabilitation, and specialized resources to help the children improve their lives and abilities. Not all birth injuries will lead to a successful legal claim. An injury can still occur even though the doctor used all reasonable and competent skills. However, if a birth injury occurs due to a doctor’s improper medical technique or incorrect use of medical equipment during labor or delivery you should contact a lawyer to help you file a claim and start the lawsuit process.
What are the Different Types of Birth Injury?
The types of injuries an infant can suffer at birth vary and can be categorized according to the underlying cause, including physical trauma, oxygen deprivation, and infection. Below is a list of common birth injuries and their causes:
- Cerebral Palsy
- Erb’s Palsy
- Brain Damage
- Infant Hematoma
- Intrauterine Fetal Demise
- Spinal Cord Injuries
The Difference Between a Birth Injury and a Birth Defect
Birth injuries and birth defects are unfortunately all too common. Both are tragic, and may be caused due to the negligence of a medical care provider like a doctor or nurse. It’s important to know the difference between an injury and defect as it can be what determines if you have a case or not. Some of the most common injuries and defects are outlined below.
Hypoxic ischemic encephalopathy
Pulmonary valve atresia
Meconium aspiration syndrome
Injuries from Delivery
Persistent Pulmonary Hypertension
Tetralogy of Fallot
How Much Compensation Will I Receive?
As lawyers specializing in birth injury claims, this question is often one of the most asked questions. Unfortunately, there is no definite answer as to how much compensation you may be entitled to. Each case is unique and has its own set of circumstances, it’s impossible to come up with an exact figure before getting all the details. As mentioned earlier, however, in the majority of birth injury cases, you can expect to receive compensation for:
- Medications, doctor visits, hospital visits, and any form of medical treatment associated with the injury
- Physical and occupational therapy
- Home accommodations
- Counseling, psychological services, and special education costs
- Non-economic damages, such as emotional turmoil, pain, and suffering
Another important factor to remember is that many states impose a cap for non-economic damages, meaning that there is a limit on the maximum amount of compensation that can be claimed. Fortunately Pennsylvania is not one of the states with a cap, unless the case is filed against a government entity. 2)https://codes.findlaw.com/pa/title-42-pacsa-judiciary-and-judicial-procedure/pa-csa-sect-42-8528.html
When should I hire a lawyer?
Once a birth injury is diagnosed and you believe that medical negligence could be attributed, you should contact a lawyer. Your time for legal action could be limited by a statute of limitations.
Pennsylvania Statute of Limitations