in Birth Injury

Legal Options for Families Affected by SQCP

by Raynes & Lawn
man with cerebral palsy smiling at the camera in Pennsylvania

Dealing with the aftermath of a birth injury can be overwhelming, especially when it results in spastic quadriplegic cerebral palsy. Families in Pennsylvania facing this challenge often seek legal aid to understand their rights and explore viable solutions. This guide aims to provide clear, actionable information on the legal options available to you.

Raynes & Lawn Trial Lawyers has decades of experience guiding clients through birth and brain 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 in Birth Injury Law

If your child has been diagnosed with spastic quadriplegic cerebral palsy due to a birth injury, it’s crucial to understand your legal rights. Pennsylvania law allows families to seek compensation for medical expenses, pain and suffering, and other related costs. Here are some key points to consider:

  • Right to Medical Records: You can access all medical records related to the birth and subsequent diagnosis.

  • Right to Legal Representation: Hiring a birth injury lawyer in Philadelphia can help you navigate the complexities of your case.

  • Right to Compensation: If negligence is proven, you may be entitled to compensation for medical bills, ongoing care, and other expenses.

The Timeline to Legal Options for Families Affected by Spastic Quadriplegic Cerebral Palsy: Steps to Take

Understanding the timeline for pursuing legal action is essential. Here are the steps you should follow:

  • Immediate Medical Attention: Ensure your child receives medical care and keep all records.

  • Consult a Birth Injury Lawyer: Seek legal advice as soon as possible to understand your options.

  • Gather Evidence: Collect all medical records, witness statements, and other relevant documentation.

  • File a Claim: Your lawyer will help you file a claim within the statute of limitations, generally two years in Pennsylvania. A minor child has until their 20th birthday to file a birth injury claim. 

  • Negotiate or Litigate: Your lawyer will negotiate with the responsible parties or, if necessary, take the case to court.

Pathways to Resolution: How Raynes & Lawn Can Assist

Navigating a birth injury case can be complex and emotionally draining. A birth injury lawyer from Raynes & Lawn can provide the support and skill set you need. Here’s how they can help:

  • Case Evaluation: They will assess the details of your case to determine the best legal strategy.

  • Evidence Collection: Gathering and preserving evidence is crucial for building a solid case.

  • Negotiation: They will negotiate with insurance companies and other parties to ensure you receive fair compensation.

  • Litigation: They will represent you in court to fight for your rights if necessary.

Common Questions About Legal Options for Spastic Quadriplegic Cerebral Palsy

How can I prove negligence in a spastic quadriplegic cerebral palsy case?

Proving negligence involves demonstrating that the medical professionals failed to provide the standard of care expected, leading to the injury. Your birth injury lawyer in Philadelphia will help gather the necessary evidence, including medical records and expert testimonies.

What types of compensation can I receive?

Compensation can cover medical expenses, ongoing care, pain and suffering, and other related costs. A birth injury lawyer will help you understand the full scope of what you may be entitled to.

How long do I have to file a claim?

In Pennsylvania, the statute of limitations for filing a birth injury claim is generally two years from the date of the injury. However, exceptions may apply, so it’s crucial to consult a birth injury lawyer as soon as possible. A minor child has until their 20th birthday to file a birth injury claim. 

What should I do if I suspect my child’s condition is due to a birth injury?

Seek medical attention immediately and consult a birth injury lawyer to discuss your legal options. Collect all relevant medical records and document any concerns about the care received.

How can a birth injury lawyer in Philadelphia help me?

A birth injury lawyer can provide valuable assistance by evaluating your case, gathering evidence, negotiating with insurance companies, and representing you in court if necessary. Their expertise can significantly increase your chances of receiving fair compensation.

Legal Statistics Relevant to Birth Injury Claims

Understanding the current landscape of birth injury claims can provide valuable context for your case. Here are two relevant statistics from 2024:

  • Increase in Birth Injury Claims: In 2024, there was a 15% increase in birth injury claims filed in Pennsylvania compared to the previous year, highlighting the importance of legal support for affected families.

  • Successful Settlements: In 2024, approximately 70% of birth injury claims in Pennsylvania were settled out of court, emphasizing the effectiveness of negotiation and legal representation.

FAQs

Here are some frequently asked questions that can help you understand more about the legal options for families affected by spastic quadriplegic cerebral palsy: 

  1. What should I do immediately after suspecting a birth injury? 

Seek medical attention, consult a birth injury lawyer, gather evidence, and file a claim within the statute of limitations.

  1. How can I prove the medical professionals were at fault? 

Evidence such as medical records, expert testimonies, and witness statements can help establish negligence.

  1. Can I still file a claim if the injury occurred years ago? 

Exceptions to the statute of limitations may apply, so consult a birth injury lawyer to explore your options.

  1. What if the responsible party denies negligence? 

Your lawyer can help build a strong case and represent you in court if necessary.

  1. How long does it take to resolve a birth injury claim?

The timeline can vary, but consulting a birth injury lawyer can help expedite the process and ensure you receive fair compensation.

Work with a Philadelphia Birth Injury Lawyer

Don’t hesitate to contact our talented and knowledgeable brain and 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.