Legal Recourse for Shoulder Dystocia Birth Injuries in PA

Shoulder dystocia is a medical emergency that can occur during childbirth, potentially leading to serious birth injuries. If your child has suffered harm due to this complication in Pennsylvania, you may be feeling overwhelmed and unsure of your legal options. As a birth injury lawyer, I’m here to help you understand your rights and seek justice for your family.

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 in Birth Injury Cases

When shoulder dystocia occurs, medical professionals must act quickly and appropriately to prevent injury to the baby. If the standard of care is not met and your child suffers harm as a result, you may have grounds for a medical malpractice claim. Pennsylvania law allows parents to seek compensation on behalf of their injured child to cover medical expenses, ongoing care, and other damages.

What is Shoulder Dystocia, and How Can It Lead to Birth Injuries?

Shoulder dystocia happens when the baby’s shoulders become stuck in the mother’s pelvis during delivery. This can cause the baby’s oxygen supply to be cut off, potentially leading to brain damage, nerve injuries like Erb’s palsy, or even death. Risk factors include gestational diabetes, obesity, and a larger-than-average baby. Proper monitoring and intervention by the medical team are essential to prevent catastrophic outcomes.

• In 2024, Pennsylvania reported 150 cases of shoulder dystocia-related birth injuries.

• Erb’s palsy, a type of brachial plexus injury, occurred in 60% of these cases.

The Timeline of a Shoulder Dystocia Birth Injury Claim: What to Expect

Pursuing a shoulder dystocia birth injury claim can be a complex and lengthy process, but a skilled birth injury attorney in Philadelphia can guide you every step of the way. The first step is to gather medical records and evidence to support your case. Your lawyer will then file a complaint and engage in the discovery process, which may include depositions and expert witness testimony. Many cases settle out of court, but if necessary, your attorney will represent you at trial to fight for your deserved compensation.

How a Catastrophic Birth Injury Lawyer in PA Can Help Your Family

Choosing the right shoulder dystocia birth injury lawyer is crucial to the success of your case. Look for a firm with a proven track record of success in handling shoulder dystocia and other catastrophic birth injury claims. At Raynes & Lawn Trial Lawyers, our experienced team is dedicated to advocating for families affected by medical negligence. We offer compassionate support and aggressive representation to help you secure the resources your child needs for a bright future.

Proving Negligence in a Shoulder Dystocia Birth Injury Case

To prevail in a shoulder dystocia birth injury claim, your birth injury attorney must demonstrate that the medical professionals involved failed to meet the standard of care and that this negligence directly caused your child’s injuries.

This may involve showing that the medical team failed to recognize risk factors, adequately monitor the baby’s condition, or perform necessary interventions like an emergency C-section. Your birth injury lawyer will work with medical experts to build a strong case on your behalf.

Seeking Justice and Compensation for Your Child’s Birth Injuries

No family should have to bear the financial and emotional burden of a preventable birth injury alone. By pursuing a legal claim with the help of a dedicated birth injury attorney in Philadelphia, you can hold negligent parties accountable and secure the resources your child needs for ongoing care and support. While no amount of money can erase the trauma of a birth injury, it can provide a sense of justice and help your family move forward.

Frequently Asked Questions

1. What is the statute of limitations for filing a shoulder dystocia birth injury claim in Pennsylvania?

Pennsylvania’s statute of limitations for birth injury claims is typically two years from the injury’s date or discovery. However, a minor child has until their 20th birthday to file a birth injury claim. Consult with a birth injury lawyer to understand the specific deadlines for your case.

2. How much does it cost to hire a birth injury attorney in Philadelphia?

Most birth injury lawyers work on a contingency fee basis, meaning you pay no upfront costs, and the attorney only collects a fee if they secure a settlement or verdict in your favor. This allows families to pursue justice without added financial strain.

3. What damages can be recovered in a shoulder dystocia birth injury case?

Damages in a birth injury claim may include medical expenses, ongoing therapy and care costs, adaptive equipment, lost earning capacity for the child, and non-economic damages like pain and suffering. A skilled birth injury lawyer can help you understand the full scope of damages available in your case.

4. How long does a shoulder dystocia birth injury lawsuit typically take?

The timeline for a birth injury lawsuit can vary depending on the case’s complexity and whether it settles out of court or goes to trial. Some cases may resolve within a year, while others can take several years. Your birth injury attorney can provide a more specific estimate based on the unique circumstances of your case.

5. What should I look for in a catastrophic birth injury lawyer in PA?

When choosing a birth injury lawyer, look for a firm with extensive experience in handling shoulder dystocia and other catastrophic birth injury cases.

The attorneys should have a deep understanding of the medical issues involved and a proven track record of successfully securing favorable client outcomes. Additionally, look for a team that offers personalized attention, compassionate support, and a commitment to fighting for your family’s rights.

Work with a Birth Injury Attorney in Philadelphia

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.