Birth Injury FAQs

We understand the many concerns and worries families face after a birth injury:

• Could this have been prevented?
• Who is responsible for this injury?
• Will our child ever recover?
• Should we consider a lawsuit?

We understand the difficulties your family is facing. We're prepared to guide you during this painful time.

If you've recently given birth to an injured infant, your head may be spinning with questions. During this difficult time, it's only natural to wonder how this happened, if the birth injury could have been prevented, and what to do next.

How Common Are Birth Injuries?

In the US, there are about 28,000 birth injuries every year. That breaks down to 76 injuries each day. Many of these injuries arise from unavoidable circumstances, but some may have been prevented with more careful medical attention.

Do I Need A Lawyer?

If you suspect that medical negligence caused your child's injuries, we highly recommend consulting with an experienced birth injury lawyer. These cases are very complex and each case is unique. It's best to rely on professionals with expertise in these matters.

The right law firm will have personal experience and also have seasoned medical experts on their payroll who can testify against the healthcare professionals who are allegedly responsible for your child's birth injury.

Be aware that PA medical malpractice cases have a 2-year statute of limitations. You must file a claim within two years of discovering your child's injuries. We understand that during this stressful time, a lawsuit may not be the first thing on your mind. But they are often necessary in order to provide the financial compensation that families of birth injury victims need.

How Common Are Infant Fatalities?

Somewhat surprisingly, the US has one of the highest infant mortality rates among developed nations - at 5.8 per 1,000 births. There are 56 countries with lower infant mortality rates than the US.

Are Birth Injuries Preventable?

This depends on a variety of circumstances. Each birth injury case is unique. In some cases, the healthcare professionals involved may have done everything in their power to ensure a healthy birth, but unavoidable circumstances still caused a serious birth injury. In other cases, medical negligence may have directly caused an injury.

The best way to determine if an injury was preventable is to consult with an experienced birth injury lawyer who has contacts with reliable medical professionals.

What Is Medical Negligence?

Medical professionals are required to abide by a legally accepted "standard of care". This standard may vary from state to state. It is essentially a baseline of accepted medical practices which compares a doctor to another reasonably competent physician in the same field, practicing in the same geographic area, and with a similar background.

If it is determined that another qualified medical professional would not have followed the same procedure which caused a birth injury, then the doctor who delivered the child may be found negligent for contributing to the injury.

What Are Some Examples Of Negligence?

There are a variety of causes for medical negligence. Some healthcare professionals may simply be incompetent, but this is not always the case. Good doctors may make mistakes because of outside factors, such as being overworked or swamped with more patients than they can handle. Some common negligent medical actions include:

• Using vacuums or forceps with excessive force
• Failure to order an emergency c-section
• Not starting a necessary C-section on time
• Failure to monitor health conditions of child and mother
• Failure to diagnose and treat health conditions or labor complications
• Prescribing harmful medications for mother
• Administering the wrong dosage for medications

If you think one or more of these factors played a role in your child's injuries, consider consulting with an experienced birth injury lawyer to pursue financial compensation.

What Is Medical Malpractice?

In a medical malpractice lawsuit involving birth injuries, the victim's family must be able to prove three things:

1. A healthcare professional owed the child a duty of care
2. The healthcare professional violated this duty by acting in a negligent way which a competent professional would not have
3. This negligence directly contributed to the child's injury

Negligent physicians deserve to be held liable for the extensive costs faced by the families of injured newborns. If these three conditions all apply, you probably stand a good chance of receiving a settlement or favorable verdict in civil court.

Why Should I Seek Compensation?

Raising a disabled child can become extremely expensive. This is especially true with the unreasonable costs of healthcare in the US. However, medical expenses aren't the only costs you'll face. Victims of medical malpractice may be eligible for the following forms of compensation:

• Medical expenses - Doctor's appointments, physical therapy, occupational therapy, speech therapy, medication, surgeries, and other expenses can quickly add up to massive medical bills.
• Homecare expenses - Parents of children with physically debilitating conditions like spastic quadriplegia may have to remodel their home with ramps, lifts, and various medical equipment.
• Lost wages - Parents may be forced to take time off of work to care for a disabled child. Children with severe injuries and medical conditions often require around-the-clock care.
• Pain and suffering - Compensation may be awarded for emotional and physical pain and suffering for both the child and their family members.

We understand that you love your child unconditionally. But the reality is that your child will face serious difficulties in life. Additionally, caring for a disabled child can be extremely challenging. Families of birth injury victims deserve compensation from negligent parties for the hardships they've caused.

Related Materials

• Broad guide to birth injuries
• Medical negligence and malpractice in birth injury cases
• Complications from delayed c-sections
• Problems from oxygen deprivation
• Guide to infant brain damage