in Birth Injury

Can You File for Emotional Distress After a Birth Injury in PA?

by Raynes & Lawn
woman with emotional distress and struggling to take care of child with birth injury

The birth of a child should be a joyous occasion, but sometimes, things don’t go as planned. If you or your baby suffered a birth injury, you may be experiencing emotional distress. Understanding your legal rights and options during this difficult time is crucial. Let’s explore whether you can file for emotional distress after a birth injury in Pennsylvania and what steps you can take to protect your rights with the help of a birth injury attorney.

Raynes & Lawn Trial Lawyers has decades of experience guiding clients through birth injury cases. Our talented and dedicated attorneys can give you personalized and strategic attention. Call our offices today at 1-800-535-1797for your free consultation. 

Understanding Your Legal Rights After a Birth Injury

Birth injuries can have a devastating impact on both the child and the parents. As a parent, you may be entitled to compensation if you can prove that the birth injury was caused by medical negligence. This compensation can help cover medical expenses, future care costs, and sometimes emotional distress. Understanding your legal rights and the steps you can take to seek justice is essential.

What Constitutes Emotional Distress?

Emotional distress refers to the mental suffering or anguish experienced as a result of a traumatic event or ongoing stressful situation. In the context of a birth injury, emotional distress can encompass a range of feelings, including anxiety, depression, post-traumatic stress, and grief. To file for emotional distress, you must be able to demonstrate that your suffering is severe and debilitating, impacting your ability to function normally.

The Timeline for Filing a Claim: Steps to Take

If you’re considering filing a claim for emotional distress after a birth injury in Pennsylvania, it’s essential to act promptly. Here are the key steps and legal principles to keep in mind:

  • Statute of Limitations: Pennsylvania has a two-year statute of limitations for filing a medical malpractice claim, including birth injuries. This means you have two years from the date of the injury or the discovery of the injury to take legal action. For emotional distress claims specifically, the clock typically starts ticking from the time you became aware of the distress or should have become aware of it.

  • Gather Evidence: Start collecting and preserving evidence as soon as possible. This includes medical records, bills, and any other documents related to the birth injury. It’s also crucial to identify and contact potential witnesses, such as medical professionals or individuals present during the birth, who can provide valuable testimony.

  • Consult a Birth Injury Attorney: Seeking legal guidance from an experienced birth injury lawyer is essential. They can help you understand your rights, assess the strength of your case, and guide you through the complex legal process. A birth injury attorney will work to build a strong case by reviewing medical records, consulting professionals, and identifying all potential sources of compensation.

  • File a Claim: Your birth injury attorney will assist you in preparing and filing a comprehensive claim. They will negotiate with the opposing party on your behalf and advocate for a fair settlement. If a settlement cannot be reached, your attorney will represent you in court, presenting your case before a judge or jury.

Finding Resolution: How a Birth Injury Attorney Can Help

Navigating the legal system can be complex and overwhelming, especially when dealing with the emotional fallout of a birth injury. Here’s how a birth injury attorney from Raynes & Lawn can assist you in seeking justice and holding the responsible parties accountable:

  • Investigating Your Case: Our attorneys will thoroughly examine the circumstances of the birth injury. This includes reviewing medical records, consulting with medical professionals, and identifying any negligence or deviations from the standard of care that may have contributed to the injury.

  • Proving Negligence: To succeed in a birth injury claim, it’s essential to establish negligence. Our birth injury lawyers have the skill set to demonstrate how the actions or inactions of medical professionals fell below the accepted standard of care, causing harm to you or your child. We will build a strong case to support your claim for emotional distress damages.

  • Calculating Damages: Emotional distress damages can be challenging to quantify, but our birth injury attorneys will work to ensure you receive fair compensation. We will consider factors such as the severity of your distress, the impact on your daily life, and the likelihood of long-term psychological effects. We will also help you seek compensation for other damages, including medical expenses and lost wages.

  • Representing Your Best Interests: At Raynes & Lawn, our priority is protecting your rights and interests. We will handle all communications with insurance companies and opposing counsel, ensuring you are treated fairly and respectfully throughout the legal process.

Why Choose Raynes & Lawn as Your Birth Injury Lawyers

When choosing legal representation for your birth injury case, you deserve a law firm with a proven track record of success and a deep understanding of the complexities involved. Here’s why Raynes & Lawn should be your choice for birth injury attorneys in Philadelphia:

  • Experience: Our team has extensive experience handling birth injury cases, including those involving emotional distress. We thoroughly understand the medical and legal issues involved, and we have successfully represented clients in various birth injury claims.

  • Personalized Attention: At Raynes & Lawn, we recognize that each birth injury case is unique. We take the time to get to know you and understand the specific circumstances of your case. Our attorneys provide personalized attention and tailor our legal strategies to your needs and goals.

  • Compassionate Advocacy: We understand the emotional toll that birth injuries can take on families. Our attorneys approach each case with compassion and empathy, providing the support and guidance you need throughout the legal process. We are dedicated to helping you seek justice and holding negligent parties accountable for their actions.

  • Results-Driven Approach: Our track record speaks for itself. We have recovered millions of dollars in compensation for our clients, including those who have suffered birth injuries. We are committed to maximizing your recovery and ensuring you receive the resources necessary to move forward.

You Don’t Have to Go Through This Alone

Dealing with the aftermath of a birth injury and the resulting emotional distress can be isolating and overwhelming. It’s important to remember that you are not alone. Seeking legal assistance from a qualified birth injury attorney is the first step toward finding resolution and healing. With their experience and support, you can focus on your well-being while they navigate the complex legal process.

Recent Birth Injury Statistics: Understanding the Prevalence and Impact

  • Medical Malpractice Payouts: According to a recent study by Johns Hopkins Medicine, birth injuries account for a significant portion of medical malpractice payouts. In 2022, birth injuries ranked third among the top five medical conditions, resulting in malpractice payouts.

  • Prevalence of Birth Injuries: Data from the National Vital Statistics System suggests that birth injuries occur in approximately 2.8 out of every 1,000 births in the United States. This equates to roughly 11,500 birth injuries annually, highlighting the significant impact these incidents have on families across the country.

Frequently Asked Questions

  1. Can I file a birth injury claim if I signed a consent form before the delivery?

Yes, signing a consent form does not waive your right to file a claim if negligence or malpractice occurred. Consent forms typically outline the risks and benefits of a procedure, but they do not absolve medical professionals from providing an acceptable standard of care.

  1. What types of birth injuries qualify for a claim?

A wide range of birth injuries may qualify for a claim, including cerebral palsy, Erb’s palsy, brain injuries, spinal cord injuries, fractures, and more. If your child has suffered any type of birth injury, it’s essential to consult with a birth injury lawyer to understand your legal options.

  1. How soon after the birth injury should I contact a lawyer?

It’s best to contact a birth injury attorney as soon as possible. The statute of limitations for filing a claim is typically two years from the date of injury or discovery, but building a strong case takes time. Prompt legal action ensures that evidence is preserved and witnesses’ memories are fresh.

  1. What if I can’t afford a birth injury lawyer?

Many birth injury attorneys, including those at Raynes & Lawn, work on a contingency fee basis. You only pay legal fees if they successfully recover your compensation. This arrangement ensures that everyone can access quality legal representation, regardless of their financial situation.

  1. How much compensation can I expect from a birth injury claim?

The amount of compensation varies depending on the specific circumstances of your case. Factors such as the severity of the injury, future care needs, and emotional distress are considered. A birth injury attorney can help you understand the potential value of your claim and fight for the maximum compensation you deserve.

Work with the Best Birth Injury Attorney Near You

Don’t hesitate to contact our talented and knowledgeable birth injury lawyers at Raynes & Lawn Trial Lawyers to protect your rights and your child’s future. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today at 1(800) 535-1797 for more information.