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PENNSYLVANIA BIRTH INJURY ATTORNEY HELPFUL clients in PHILADELPHIA
The anticipation of having a baby is among the most thrilling moments in a parent’s life. However, if a health doctor makes a mistake in childbirth or pregnancy, a serious birth injury may happen.
Birth injuries can be caused by different reasons, among them medical negligence. If a child is injured, an injury to their birth can cause permanent disabilities that can affect the physical and emotional well-being of the child’s family members.
Parents often pay thousands of dollars for birth injuries each year. Many children are never fully recovered from birth injuries.
If your child suffers from a birth injury or a birth defect, you might be able to claim compensation. It is important to discuss your situation with a seasoned Philadelphia attorney for birth injuries as quickly as possible. A lawyer from PhillyLaw will be able to discuss the options available to you now. Contact us today for an initial consultation at no cost.
Did you or your child suffer a birth injury in PHILADELPHIA?
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What are the causes of birth injuries?
Many kinds of birth-related injuries can be found. Based on the Lucile Packard Children’s Hospital at Stanford University, a birth injury can refer to any physical harm resulting from birth.
In certain instances, birth injuries don’t result from medical doctor’s errors. For instance, babies who weigh 4,000 g or more could be more susceptible to injuries from birth or injuries, and so can babies born prematurely, before 37 weeks.
But, most birth injuries resulting from a healthcare professional’s mistake are avoidable. In these situations, parents must pursue financial compensation and make the nurse or doctor accountable.
An attorney for birth injuries in Philadelphia can assist your family members through every step of the process.
A COMMON TYPE OF BIRTH INJURY We handle claims in PHILADELPHIA.
There are a variety of birth injuries, and they affect babies in various ways.
As per Stanford Children’s Health, the following are the most frequent birth injuries currently:
- Caput succedaneum, also known as it is the swelling that occurs in the tissue of the scalp of a baby;
- Cephalohematoma, which can be described as a medical term used to describe bleeding that occurs in the brain. It occurs beneath the baby’s skull bones;
- Bruising;
- Forcep marks
Hypoxia is the absence of oxygen
Subconjunctival haemorrhage or breakage of blood vessels within and around the eyes of the baby;
Facial paralysis could result from the pressure that is too intense on the face of the baby during labour.
Cerebral palsy is a term used to describe the group of medical conditions that impact the baby’s capacity to control and move the muscles.
- Brachial palsy an injury that is caused by an injury or trauma to the brachial complex (or the nerves that run through the baby’s hands and arms);
- Erb’s palsy is a specific kind of brachial plexus aplasia;
- Shoulder dystocia is the problem of getting the baby’s shoulder into position and often is the result of brachial plexus
- Broken bones in the neck; and
- The clavicle is broken.
As per the American Academy of Orthopaedic Surgeons, between one and two of every 1,000 newborns will suffer from brachial plexus injuries. Many of these injuries are caused by medical negligence.
Suppose your child has suffered an injury during birth, and you are concerned about whether the doctor you chose was negligent and you are concerned about whether your doctor was negligent. In that case, it is best to learn about your options by speaking with a Philadelphia legal expert in birth injuries.
Liability for the Philadelphia Birth Injury
Who is accountable for the birth injury that occurs in Philadelphia? As we said, not all birth injuries occur due to the negligence of a physician.
However, some birth injuries can occur when a healthcare professional is inexperienced or negligent.
There are a variety of parties that might be held responsible in the event of a birth injury caused by medical negligence, which includes, but is not only:
- Hospital in which the birth injury took place;
- Obstetrician;
- Anesthesiologist;
- Nurse;
- Midwife;
- Pharmacist;
- Laboratory;
- Lab technician;
- Manufacturer or designer of medical devices as well as
Pharmaceutical company.
Based on the reason for birth injuries depending on the cause, one of the parties mentioned above could be responsible. In the case of an error in medical care made during a C-section procedure or a c-section, the doctor, anesthesiologist or nurse, as well as the hospital, could be at fault.
In the other case, if the birth injury was caused by a defect in a part of medical equipment or an ineffective medication, the device and/or the drug manufacturer could be responsible. A committed Philadelphia legal expert in birth trauma from PhillyLaw can evaluate your case and suggest the best options to proceed with an action.
The Proving of Negligence to Medical in an Injury Case
The majority of birth injury lawsuits involve medical malpractice cases. To establish a healthcare professional’s or institution was guilty, a plaintiff needs to be able to prove the following factors:
- Care and duty: The defendant was liable to the plaintiff for duty to care (which is usually straightforward to prove if the plaintiff was in the relationship of a doctor-patient);
- Breach of responsibility of taking care The defendant violated his duty to care by making a mistake or being reckless or careless;
- The plaintiff suffered harm due to the defendant’s breach of duty of care.
- Plaintiff sustained actual damages.
Birth injury lawsuits stem from defective medical devices. Plaintiffs typically must file an action for product liability as a separate kind in personal injury claims. Contrary to medical malpractice claims, product liability lawsuits do not follow a specific negligence law.
These are also referred to as strict liability lawsuits meaning that the plaintiff doesn’t need to show whether the defendant was in the wrong.
Suppose, instead, the defendant created, produced or sold the product, and it resulted in injury. In that case, the defendant could be held accountable in the event of the injury suffered by the plaintiff.
Statute of Limitations for a Philadelphia Birth Injury Lawsuit
According to Pennsylvania statute (42 42 Pa. Consol. Stat. SS 5524(2)), most birth injury claims have a two-year statute of limitations. In most instances, the plaintiff has 2 years after injury to claim compensation.
The clock for time limits starts “ticking” as soon as the accident occurs and expires after two years.
Failure to file an action within two years could cause the plaintiff to be disqualified from bringing a lawsuit.
Due to the short time frame of limitations, it’s vital to get information from a Philadelphia Birth injury attorney as quickly as possible.
PHILADELPHIA, PENNSYLVANIA, BIRTH INJURY CLAIM LAWYERS CAN SECURE COMPENSATION FOR BIRTH INJURY HARMS.
Birth injuries can be the sole concern of expecting parents, but they are commonplace for many when something goes wrong or immediately after childbirth. Most birth injuries can be short-term and can heal quickly with minimal to no residual damage. However, more serious birth injuries may last for a long time, negatively impact many areas of the child’s development, and affect family finances requiring special care and 24/7 treatment. The birth injury might not show symptoms until a child enters their formative years, when signs start to show up, and advice from an experienced lawyer could be beneficial.
Medical negligence.
When an injury is traced back to the treatment of professional nurses or doctors who have made mistakes before, during, and after the birth of a baby, It is essential to consult an attorney for medical malpractice who will have experts examine the documents, and examine the child to determine the severity of physical damage and any residual consequences that an injury could cause. Suppose medical negligence is established in line with the standard medical treatment in the state. In that case, there may be compensation offered to compensate for costs that may comprise economic damage for expenses related to medical and future healthcare expenses, as well as special assistance; wages lost as well as non-economic damages for suffering and pain and anxiety loss of companionship and loss of enjoying life.
Negligence.
Birth injuries are the most serious of injuries that occur during the birth and labour of a baby, or possibly during the prenatal care provided by a doctor that causes injury at birth like cervical cerclage, gestational diabetes, and Group B Strep. Pre-eclampsia and issues with the placenta. Medical negligence is based on four factors: professional obligation, breach of duty evidence of injury, and damage appraisals. A birth injury lawyer in Philadelphia could be a key element in developing a winning approach to recouping damages.
Common birth injuries.
Bell’s Palsy Bell’s palsy is a popular name for temporary facial paralysis. In this condition, facial nerves lose the ability to send electrical signals from the brain to the face.
Cerebral Palsy Cerebral Palsy Cerebral palsy can be found in various types to define neuromuscular disorders alike, but every cerebral palsy condition results from brain damage or the abnormal development of brain tissue. Each one is associated with the presence of a motor impairment that can affect the way that a person moves. The conditions that cause cerebral palsy are not permanent, as per the National Institute of Neurological Disorders and Stroke However, children’s symptoms may change and become more or less apparent as they age.
Shoulder dystocia is a very rare birth injury that happens when either or both shoulders of an infant are trapped in the mother’s pelvis at the time of birth.
Brachial plexus birth injuries, an injury to brachial plexus nerves that occurs in just one out of three births, when the nerves in the brachial plexus could be compressed, stretched or torn by an uneasy delivery. The injuries may affect all or just some of the brachial nerves and cause pain in the elbow and shoulder muscles or the muscles of the forearm or hand.
Cephalohematoma is a minor side effect of delivery, where blood collects beneath the periosteum but not under the skull bones.
Hydrocephalus is often referred to as “water in the brain”, which is too high levels of cerebrospinal fluid. Brain. Certain babies may have “congenital” types of hydrocephalus. Some children are affected due to physical trauma that occurs at birth.
Jaundice and Kernicterus is a severe type of jaundice that could cause permanent brain damage and is associated with serious neurological problems.
Traumatic brain injury and skull fractures
Traumatic birth injuries are the most frequent during long and difficult labours. Uterine contractions can cause a child’s head to hit the mother’s pelvis frequently. While the infant’s skull is developing, brain damage or even skull fractures could occur.
Premature birth – In certain situations, traumatizing accidents could alter the mother’s pregnancy. The main risk that comes with an automobile accident or fall is the risk of premature birth.
Birth asphyxia
Birth or perinatal asphyxia occurs when an infant’s organs and brain do not receive enough oxygen before the time of birth, as per medical experts from Johns Hopkins University. The lack of oxygen can cause death or permanent cognitive and muscular impairments.
Get legal advice.
There is a variety of birth injuries that are not mentioned above. It is an excellent idea to engage a Philadelphia Birth Injury lawyer to help you build a solid case against a medical healthcare provider who resulted in a birth injury or even wrongful death as a result of actions of negligence in the medical field. Legal counsel will bring an action within the two-year timeframe and be able to speak on behalf of the victim against the legal team and work towards a fair and monetary settlement.
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