Birth injuries aren’t always preventable, but many only occur because a nurse, doctor, obstetrician, or other healthcare provider failed to do their job properly. When this happens, it’s important for the child’s family to seek financial support for damages related to the birth injury. Our lawyers are proud to help these families get the assistance their children need.

  • 40 years of experience representing injury victims.
  • Lawyers specializing in Pennsylvania birth injury cases.
  • Millions of dollars recovered for families we represent.

We can help your family begin planning for your child’s future. Contact us today for a free consultation.

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Raising a child with a preventable birth injury often requires expensive support systems that are beyond the average family’s budget. Our Pennsylvania birth injury lawyers make sure these children get the help they need.

— Laurence Banville, Esq.
"Excellent." They listened to our concerns and made sure we got the help we needed.
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In the past few decades, medical training and technology have reached a point where most birth injuries are preventable. However, thousands of American newborns still suffer birth injuries each year – at a rate of about 7 in every 1,000 births. This means that in Pennsylvania, about 987 birth injuries occurred in 2015. Because these injuries are so often preventable, the parents of a birth injury victim are often left with many questions and concerns.

dad holding newborn on couch

If you’re wondering how your child’s injury occurred and how you’ll give them the support they need for their condition, our Pennsylvania birth injury malpractice lawyers can help. We know how to find answers after a birth injury, and how to hold negligent medical professionals liable if the injury could have been avoided with proper medical care.

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How Do Preventable Birth Injuries Happen?

There are numerous different medical errors that have the potential to cause a serious birth injury. Any time a medical professional deviates from the accepted practices of their field, there is the possibility that an injury could occur. Legally, this is known as the concept of medical negligence, which is the most important principle in any medical malpractice lawsuit.

Some of the most common forms of birth injury negligence include:

  • Conducting a natural birth when a c-section could prevent an injury
  • A delayed c-section resulting in birth complications
  • Failure to anticipate or respond to complications, such as a prolapsed umbilical cord
  • Errors made while using assisted delivery tools like forceps and vacuum extractors
  • Failure to identify and treat maternal health conditions, like preeclampsia

If you believe your child’s birth injury may have been the result of medical negligence, our compassionate Pennsylvania birth injury lawyers can review your case and have the medical evidence examined by a qualified medical professional.

How Much Does A Serious Birth Injury Cost?mother holding newborn

The lifetime costs of a birth injury will vary depending on how severe the condition is. Some injuries, such as bruising or minor fractures, can heal quickly with minimal treatment. Other more serious conditions, like cerebral palsy, require extensive support which can add up to lifetime costs of over $1 million.

Some of the expenses children with severe injuries can expect to face include:

  • Ongoing medical treatment, including doctor’s appointments, surgeries, medication, and more
  • Occupational, physical, speech, and other therapies
  • Handicapped-accessible vehicles and home renovations
  • Personal caretakers
  • Adaptive devices, such as wheelchairs, braces, and prosthetic devices

Medical Malpractice Laws In Pennsylvania

In each state, there are different laws that apply to medical malpractice cases. If your child suffered a serious birth injury in a Pennsylvania healthcare facility, you may be wondering about how these state laws could influence your family’s case. We’ve provided a basic overview of these laws, but it’s important to remember that each case is unique. It’s usually necessary to speak with an experienced Pennsylvania birth injury lawyer in order to fully grasp your state’s medical malpractice laws.

Statute Of Limitations

Pennsylvania and all other states have laws known as statutes of limitations, which set time limits for filing lawsuits. The date of the statute of limitations will vary depending on the specific circumstances of a case. Determining this date for birth injuries can get especially hazy. It’s best to take legal action as soon as possible to make sure you file your claim within the statute of limitations.

Caps On Damages

Pennsylvania limits the amount of financial compensation in medical malpractice claims, but only for punitive damages. Both economic and non-economic damages are uncapped. Punitive damages are imposed to punish medical professionals for excessively dangerous behavior. These damages are rarely awarded in medical malpractice cases anyway, so most settlements and awards are uncapped in Pennsylvania.

Expert Testimony Requirements & Certificates Of Merit

In Pennsylvania, there are several legal requirements regarding testimony from expert medical witnesses. If you’re filing a malpractice claim for a birth injury lawsuit, your lawyer must also file a certificate of merit within 60 days of filing the lawsuit. This certificate must contain a written statement from a medical expert with one of the following three claims:

  • There is a reasonable chance the defendant violated the medical standard of care,
  • The defendant was responsible for the employee who violated the standard of care, and/or
  • Expert testimony is not necessary for this case

Pennsylvania law also requires testimony from medical experts in the courtroom, unless the degree of malpractice is so obvious that this testimony isn’t necessary. For example, a foreign object being left inside someone after surgery would likely be considered obvious to a layperson and may not require testimony from a medical expert. However, birth injury malpractice claims almost always require testimony.

How Our Birth Injury Malpractice Lawyers Help Families

If your child suffered a serious birth injury in a healthcare facility in Philadelphia, Pittsburgh, Allentown, Harrisburg, or anywhere else in Pennsylvania, our local lawyers can help your family plan for the future. We can help you determine if your child’s injury was caused by medical negligence, and hold negligent medical professionals liable for the complications they’ve caused.

With sufficient financial support, you can provide a happy and healthy life for your child. But it’s important to stand up for your legal rights in order to receive this financial compensation. To find out more about how our Pennsylvania birth injury lawyers can help your family, get in touch with us today for a free legal consultation.

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