Philadelphia Birth Injury Lawyer

In the joyous anticipation of welcoming a new member into the family, the last thing on parents’ minds is the possibility of birth injuries. However, navigating the legal landscape can be overwhelming when such unfortunate events occur.

The impact of this potential malpractice may include lifelong disabilities, cognitive impairments, emotional distress, financial strain, strained family dynamics, and the need for ongoing medical care and support.

If you believe your or your child’s birth injury, condition, or death was caused by medical negligence, a Philadelphia birth injury lawyer can help. At Laffey Bucci D’Andrea Reich & Ryan, we offer free consultations during which you and an attorney can discuss what happened and your rights. Contact us for a free meeting with our legal team now.

Common Types of Childbirth Injuries
Several types of birth injuries can occur in the United States, each with its own set of causes, symptoms, and potential long-term effects. Some of the most common types of birth injuries include:

  • Brachial Plexus Injuries: These occur when the nerves that control movement and sensation in the arms and hands are damaged during childbirth. One well-known brachial plexus injury is Erb’s palsy, which can result in weakness or paralysis of the affected arm.
  • Cerebral Palsy: Cerebral palsy is a group of neurological disorders that affect movement, posture, and muscle coordination. It can be caused by brain damage occurring before, during, or shortly after birth. Symptoms may include muscle stiffness, tremors, and impaired motor skills.
  • Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain injury caused by oxygen deprivation and reduced blood flow to the baby’s brain during childbirth. It can lead to developmental delays, cognitive impairments, and motor disabilities.
  • Skull Fractures and Intracranial Hemorrhage: Traumatic birth injuries such as skull fractures and intracranial hemorrhage can occur during difficult or prolonged deliveries, particularly with the use of forceps or vacuum extraction. These injuries can result in bleeding in the skull, brain damage, and long-term neurological issues.
  • Facial Nerve Injuries: Facial nerve injuries may occur during childbirth due to pressure on the baby’s face or head. This can result in facial paralysis or weakness, impacting the baby’s ability to move the muscles in their face.
  • Bone Fractures: Fractures of the clavicle (collarbone) or other bones may occur during childbirth, especially in cases of shoulder dystocia or breech presentations. While these injuries often heal without long-term consequences, they can cause pain and discomfort in the newborn.
  • Perinatal Asphyxia: Perinatal asphyxia occurs when the baby’s brain is deprived of oxygen before, during, or after birth. It can lead to serious neurological complications, including cognitive impairments, developmental delays, and cerebral palsy.
  • Intracranial Hemorrhage: Bleeding within the baby’s skull, known as intracranial hemorrhage, can occur due to trauma during childbirth or as a result of underlying medical conditions. Severe cases can lead to brain damage and neurological deficits.

The improper use of birth-assisting tools, such as forceps or vacuum extractors, during childbirth can result in a range of complications and injuries for both the mother and the baby.

These may include trauma to the baby’s head, such as skull fractures or intracranial hemorrhage, nerve damage leading to conditions like brachial plexus injuries, facial nerve injuries, or even birth asphyxia due to prolonged delivery.

For the mother, injuries such as perineal tears or uterine rupture can occur.

Proper training, careful assessment of the need for intervention, and skilled application of these tools are essential to minimize risks and ensure safe childbirth outcomes.

The Impact of Injuries That Occur During the Labor and Delivery Process

It’s crucial to understand the gravity of birth injuries, which can have profound and lasting impacts on both the child and their family.

Some of these impacts include:

  • Physical Disabilities: Depending on the nature and severity of the birth injury, a child may experience physical disabilities such as cerebral palsy, Erb’s palsy, or brachial plexus injuries. These disabilities can affect mobility, coordination, and overall physical development, requiring specialized medical care and interventions.
  • Cognitive Impairments: Birth injuries may also result in cognitive impairments, affecting the child’s intellectual abilities, learning capabilities, and cognitive functioning. Conditions such as intellectual disabilities or developmental delays can significantly impact the child’s educational progress and overall quality of life.
  • Emotional and Psychological Effects: The emotional toll of birth injuries extends beyond the physical realm, impacting the child’s emotional well-being and psychological health. Children with birth injuries may experience feelings of frustration, low self-esteem, and social isolation, particularly if they face challenges in interacting with peers or participating in everyday activities.
  • Financial Strain: The financial burden of caring for a child with a birth injury can be substantial. Medical expenses, therapeutic interventions, assistive devices, and specialized educational services can quickly accumulate, placing significant strain on family finances. Moreover, parents may need to modify their employment or incur additional expenses to accommodate their child’s needs, further exacerbating the financial challenges.
  • Impact on Family Dynamics: Birth injuries can profoundly affect family dynamics, placing strain on relationships and altering roles and responsibilities within the family unit. Siblings may experience feelings of resentment or jealousy due to the attention and resources directed toward the child with the birth injury. Parents may struggle to balance caregiving responsibilities with other commitments while also grappling with feelings of guilt, anger, and helplessness.
  • Long-Term Care Needs: Children with birth injuries often require long-term care and support throughout their lives. This may involve ongoing medical treatment, therapy sessions, assistive technologies, and modifications to the home environment to promote independence and quality of life. Planning for the child’s future care needs can be a daunting task for families, requiring careful consideration and financial planning.
  • Legal and Advocacy Challenges: Navigating the legal and health care systems to obtain the necessary support and services for a child with a birth injury can be daunting. Families may encounter obstacles in accessing appropriate medical care, educational accommodations, or financial assistance, requiring them to advocate tirelessly on behalf of their child’s rights and needs.

Overall, the impacts of birth injuries extend far beyond the physical, including emotional, financial, and social dynamics that can profoundly affect both child and family. That’s why it’s essential to seek comprehensive support and resources to address these challenges and promote the well-being and development of your child.

Of course, seeking such care can be costly, which is why we would highly suggest that you reach out to a birth injury lawyer in Philadelphia to discuss legal remedies available to you to recover compensation for your losses. This can make all the difference in your ability to secure higher level care for what ails you or your child. Consultations at Laffey Bucci D’Andrea Reich & Ryan are free.

The Benefits of Hiring a Philadelphia Birth Injury Lawyer

Attorneys like these assist their clients in navigating the complexities of childbirth injury claims.

They possess specialized knowledge and understanding of the nuances of obstetric negligence and the legal obligations of health care providers. Their primary objective is to secure justice for your family and obtain the compensation needed to cover medical expenses, ongoing care, and other associated costs.

Legal Expertise in Medical Malpractice Law

One of their key areas of expertise is medical malpractice law. They have a deep understanding of the legal standards governing health care professionals’ conduct during childbirth and the  duty of care obligations owed to patients. This expertise allows them to effectively evaluate cases, identify instances of negligence, and build compelling legal arguments on your behalf.

Gathering Evidence

Central to the success of a birth injury claim is the gathering of evidence to support the allegations of medical negligence.

These attorneys work with a team of medical experts, including obstetricians, neonatologists, and pediatricians, to review medical records, conduct interviews, and assess the circumstances surrounding the birth.

This comprehensive approach enables them to build a strong case that withstands scrutiny in court.

Navigating the Legal Process

The legal process surrounding birth injury claims can be lengthy and complex. Your lawyer will guide your family through each stage, from filing the initial claim to negotiating settlements or litigating in court if necessary.

In Pennsylvania, the statute of limitations for an injury lawsuit is two years from the date the injury was discovered or should have been discovered. However, if the victim is a minor, the statute of limitations is “tolled,” or put on hold until the child turns 18. This means that in most cases, a lawsuit on behalf of a minor can be filed up until they have their 20-year birthday.

Your attorney also serves as a source of support and reassurance, ensuring that your rights are protected and your voices are heard throughout the legal proceedings.

Advocating for Maximum Compensation

Securing fair compensation is a top priority. They assess the full extent of your damages, including medical expenses, future care needs, lost income, and pain and suffering. By advocating for maximum compensation, they strive to provide your family with the financial resources needed to rebuild their lives and ensure the best possible future for your child.

Providing Support

Beyond their legal expertise, a Philadelphia birth injury lawyer offers compassionate support during the most challenging times. They understand the emotional turmoil that accompanies birth injuries and provide a safe space to express your concerns, ask questions, and seek guidance.

This holistic approach ensures that your family receives the comprehensive support you need to navigate both the legal and emotional aspects of your journey.

Securing the Assistance of an Attorney If You or Your Baby Have Suffered Harm

In the aftermath of a birth injury, families face myriad challenges, from financial burdens to emotional distress.

At Laffey Bucci D’Andrea Reich & Ryan, your lawyer serves as a steadfast ally, guiding your family through the legal process with compassion, expertise, and determination. By advocating for your rights and seeking maximum compensation, they strive to bring about justice and closure, empowering you to focus on your child’s well-being and future.

If your family has experienced a birth injury in Philadelphia, it’s important that you understand your rights and receive fair compensation for your losses.

Contact us today for a free consultation.

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