Preterm Birth Due to Negligence
Most families count the birth of their child as one of the happiest days of their life. Unfortunately, for some parents, the joy they are supposed to feel and share with family and friends is cruelly taken away when a health care provider is negligent during preterm labor. Babies who are born prematurely can suffer catastrophic and even fatal injuries, leaving families to cope with devastating losses.
At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., our attorneys help families hold negligent health care providers accountable. Our respected trial lawyers use our extensive experience and skills to fight for families who have suffered unbearable losses, even in the most complex birth injury cases. We have earned a track record of successfully handling catastrophic birth injury cases, including:
- $8.9 million settlement for an infant who suffered brain damage during the mother’s labor
- $4.5 million settlement for an infant who was hurt after the mother suffered a uterine rupture during birth
Our law firm has the resources and the determination to devote the extra care, time, and effort it takes to handle these complex cases. Contact us now to schedule your free consultation. Let our attorneys demand justice for you.
How Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., Can Help You
We know that it is stressful enough to be a new parent. Add to that the complications of an infant born prematurely with injuries, and the stress can be astronomical. Your life may feel like it has been turned upside down, and you have no idea where to begin.
Our attorneys are widely recognized for aggressive advocacy on behalf of medical malpractice victims. We have been recognized by some of the most prestigious organizations in the legal industry, including:
- American Board of Trial Advocates (ABOTA)
- National Trial Lawyers – Top 100
- Super Lawyers
- Best Lawyers
- U.S. News & World Report – Best Law Firms
Our compassionate attorneys can help you understand your legal rights if your child suffered catastrophic injuries due to a preterm birth. You don’t have to deal with this alone. In collaboration with seasoned medical specialists, the birth injury attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., have the knowledge and experience to find the answers you’ve been looking for and demand the justice your family deserves.
Ways a Doctor Could Be Negligent During Preterm Labor
When mothers experiencing preterm labor go to a hospital, clinic, or doctor’s office, they trust that the professional health care providers will treat them properly. While mistakes can happen, medical negligence means that a physician or staff member fails to live up to the acceptable standard of care. In this context, an acceptable standard of care means the kind of care a reasonably skilled health care provider with a similar background would provide in the same set of circumstances.
When it comes to the birth of your child, what are some of the circumstances that could contribute to a doctor being negligent in handling a preterm labor scenario? That is a tough question to answer because it is assessed on a case-by-case basis.
While each case is unique, we can offer a few examples of what may qualify as birth injuries related to premature delivery:
- Delay in ordering the correct procedure, like a caesarian section
- Failure to diagnose or treat infections
- Failure to perform relevant prenatal testing
- Failure to recognize common signs of preterm labor
- Improper use of forceps
- Improper use of a vacuum
In a free consultation with our experienced legal team, the attorneys at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can review the specific facts and circumstances of your individual situation to determine the most effective legal course of action for you and your family. We pride ourselves on offering compassionate service and skilled advocacy for families who are going through such difficult times.
Causes of Premature Birth
A new baby is a little bundle of joy, but for parents going through preterm labor, the situation can be extremely stressful. The American Pregnancy Association defines preterm labor as labor that begins prematurely before the 37th week of pregnancy. A full-term baby is born at 40 weeks.
The exact cause of preterm labor isn’t entirely clear or understood. However, there are several factors that can contribute to a mother going into labor before the 37th week of pregnancy, resulting in a premature birth.
Research indicates that women who are most likely to have a premature birth may have the following risk factors:
- Pregnant with multiple babies, i.e., twins, triplets, quintuplets, etc.
- A previous premature birth
- Abnormalities in the anatomy of the uterus or cervix
- Smoking during pregnancy
- Drinking alcohol during pregnancy
- Chronic high blood pressure
- Bladder, kidney, urinary tract, vaginal infections
- Less than 6-9 months between pregnancies
- A fetal birth defect
- Vaginal bleeding during pregnancy
- High levels of stress
- Extreme overweight or underweight
Possible Complications Caused by a Premature Birth
The longer that a baby stays in the womb, the more time the child has to develop. Disrupting the development process means that a baby has not received enough time to mature to a point where the baby can live outside the womb without complications or significant health risks. A baby brought to full term has a better chance of being born fully developed and healthy.
A study published in the National Center for Biotechnology Information describes the dangerous complications that can occur if a baby is born prematurely. Many of these complications can have an impact on the child for years to come, perhaps even for the rest of the child’s life.
Here are some of the complications that can result from a premature birth:
- Respiratory distress
- Anoxic Brain Injury
- Chronic lung disease
- Compromised immune system
- Cardiovascular issues
- Hearing problems
- Vision problems
- Neurological issues
- Learning disabilities
- Low birth weight
- Digestive issues
- Organ failure
- Apnea (stop breathing)
The extent of the complications that a preterm infant could suffer depends on how early the baby was born. A baby born at 37 weeks may not suffer the same level of complications as a baby born at 32 weeks. Although there are milestones in development at each point in a woman’s pregnancy, there are unique, individualized circumstances. That’s why the team at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., works closely with families to understand your circumstances and your needs.
How Long Do You Have to File a Lawsuit?
In Pennsylvania and New Jersey, a statute of limitations creates a deadline for when you can file a medical malpractice lawsuit. Under the law, you have a maximum of two years from the date your child turns 18 years old to file a lawsuit.
Medical malpractice cases can be extremely complex, and preparing a case for trial takes time. If you even suspect that your baby may have been harmed at birth, contact a knowledgeable attorney at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., immediately.
Compensation in a Birth Injury Lawsuit
When a baby suffers from a premature delivery injury, the parents’ most immediate thought is for the safety and well-being of their child. The second thought that may have crossed your mind is how are you going to pay for all of these additional health care costs?
Compensation may be available to you if your child was injured at birth due to negligence. Compensation through a birth injury lawsuit may cover the following:
- Medical bills
- Future medical expenses for continued treatment
- Health care costs such as physical therapy, occupational therapy, rehabilitation, in-home health care
- Lost income
- Pain and suffering
Again, the compensation you and your family deserves depends on the severity of the birth injury and other details. An experienced birth injury attorney at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., can outline your options during a free consultation.
Why choose an attorney from the team at Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C.?
Our respected trial attorneys have earned a proven track record of results in cases involving catastrophic personal injuries, including preterm birth due to medical negligence.
You may be going through one of the most difficult times of your life. You need to lend your strength to your baby as you help your newborn fight for life and recovery. Let us stand strong for you and your family.
Contact Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., to schedule a free and confidential consultation with one of our experienced attorneys. We will review all the facts surrounding your situation, answer your questions, and explain your legal rights. Let us put our experience and resources to work for your family.