Birth Injuries

Serving Philadelphia, Pennsylvania & New Jersey

Birth injuries can be especially devastating for both the injured child and their parents. These injuries can result in lifelong cognitive, physical and psychological problems. Unfortunately, birth injuries are also very common in the United States. If your infant suffered a birth injury you should talk to the birth injury lawyers at Raynes & Lawn. We have offices in Philadelphia, Pennsylvania and Marlton, New Jersey and co-counsel with attorneys throughout the country to help children who have suffered debilitating birth injuries. Every consultation is free, so give us a call today.

Why You Should Choose Raynes & Lawn

For over 50 years, the Philadelphia birth injury attorneys at Raynes & Lawn have secured life-changing results for children who have suffered injuries due to medical malpractice before, during, and after delivery. Some of the recent clients who our attorneys have secured multi-million dollar settlements and verdicts include:

  • A little girl who suffered cerebral palsy because of an 18-minute delay in recognizing fetal distress by the nurses and physician monitoring her mother’s labor.
  • A child paralyzed from the mid-chest down from a permanent spinal cord injury caused by a delivery doctor using excessive force when performing the breach delivery.
  • A child who suffered a significant brain injury as a result of excessive Pitocin given to her Mother in labor, causing fetal hypoxia (lack of oxygen to the brain).
  • Child left with little permanent nerve damage and limited use or function of their arm as a result of excessive force used by the doctor in performing a shoulder dystocia delivery.

Healthcare professionals must exercise a duty of care to ensure the safety of mothers and infants during pregnancy, labor, and birth. The fetal heart rate must be carefully monitored, the birthing tools must be used properly and the delivery techniques must be performed correctly. Doctors should also be competent and know when a cesarean section should be ordered.

Making a medical mistake at any point in the pregnancy, labor, and delivery process can result in devastating birth injuries.  The Philadelphia birth injury attorneys at Raynes & Lawn have years of experience in evaluating and prosecuting the most complex birth injury cases. Contact them to see how they can help you and your child.

Common Types of Birth Injuries

No two births are the same. Some are uneventful, while others require surgery and medications to save. During these births, there is always a chance of an accident or medical malpractice. There are also many different types of birth injuries. Some are immediately evident, while others might take a long time to develop any symptoms.

Some of the most common types of birth injuries include:

Causes of Birth Injuries

Birth injuries are categorized as injuries to an infant that happen before, during, or immediately after the birthing process. There are many factors and conditions that can cause a birth injury, including a medical professional’s lapse in judgement. Typically, birth injury causes are divided into four categories:

  • Delayed birth
  • Oxygen deprivation
  • Medical malpractice
  • Miscellaneous

One cause can play into another. For example, if it is found that your baby was in a poor position during the delivery, perhaps one that cuts off oxygen, a doctor may try to use forceps to assist with the birth. However, the use of forceps increases the risk of brain damage.

If you are unsure if the cause of the birth injury was medical malpractice, get in touch with Raynes & Lawn. Our birth injury attorneys can go over your case during a free consultation.

Expected Compensation For Birth Injuries

The amount of compensation that may be available will depend on the facts and circumstances of your case and the extent and severity of the birth injuries. Our attorneys can evaluate your potential claim and provide you with an honest assessment of its merits and value.

If our lawyers agree to represent you, we will review the medical records, consult with expert doctors and work hard to prove how you or your infant suffered physical, emotional, and financial harm as a result of medical negligence.

In many cases, the cost of future medical treatment for the injured baby may be high. We work closely with rehabilitation nurses and doctors to determine a lifecare plan for injured infants and to value the future medical care costs.

Time Limits for Filing Birth Injury Claims

Every state has a statute of limitations for medical malpractice and personal injury claims. The statute of limitations sets a deadline by which you must file a claim. If you fail to file a claim on time, you will not be able to recover compensation for your losses.  Fortunately, most states have an exception to the general statute of limitations for birth injuries. Furthermore, many birth injuries, even the ones that are slow to develop, often show signs well within the time limit.

For instance, under Pennsylvania law, the general personal injury statute of limitation requires a lawsuit to be filed within two years of the negligence. However, in Pennsylvania, there is an exception for minors (children) who are injured before they turn age 18. A claim for damages related to an injury to a child can be filed in Pennsylvania any time before the child reaches the age of 20.

Again, each state will have its own statute of limitations rules. It is important, and in the best interest of you and your child, to talk to a medical malpractice lawyer as soon as you suspect that you or your child was injured because of a medical error instead of waiting until the deadline draws near. The complexity of medical malpractice cases, especially birth injury cases, requires an in-depth investigation to uncover all of the evidence and to identify the liable parties.

By seeking help quickly, you provide your lawyer with more time to conduct a thorough investigation. Plus, you preserve the crucial evidence to support your claim. If you are unsure whether you may have missed the deadline for filing a claim, you should talk to an experienced lawyer immediately to find out about your options.

Proving Medical Malpractice Led to a Birth Injury

While all birth injuries can be devastating, not all are caused by medical malpractice. If you recall an earlier example, there are many complications that can occur during a birth. The baby could be in a poor position and become injured. Certain procedures increase the risk of injury, even though it saves the life of your child.

However, there are some cases in which the negligence of a healthcare professional is the primary cause of a birth injury. In these situations, the parents have the right to file medical malpractice claims against the responsible parties. Whenever a physician, hospital, or medical team member fails to exercise reasonable care that causes an unfortunate outcome, they may be liable to pay damages.

Examples of Medical Negligence and Malpractice

Infants and mothers may both suffer injuries during the labor and delivery process. These can include many different injuries to the infant and internal injuries or excessive blood loss for the mother. Some injuries are caused by negligence while performing the delivery itself, or in not properly handling birthing tools such as vacuum extractors or forceps.

In other cases, a doctor’s failure to react to an emergency or their incompetence may result in birth injuries. Many other types of negligence can cause injuries to infants and mothers, as well. Complications during labor can lead to a lack of blood or oxygen supply and cause developmental delays and brain damage. This type of brain injury may cause problems with physical functions and cognitive abilities.

Spinal cord injuries can cause paralysis and bowel and bladder dysfunction. Brachial plexus injuries can result in paralysis in the arm or shoulder because of improper delivery of shoulder dystocia. Doctors must respond quickly and properly in emergencies to prevent this type of damage.

In some cases, mothers could have infections that can injure their unborn children. Doctors must treat infections that could cause harm to the baby. Some infections that can pass from a mother to a fetus include meningitis and strep. Doctors should also recommend appropriate supplements to prevent spina bifida, folic acid deficiency, and anemia.

The Ongoing Impacts of Birth Trauma

Infants who have suffered birth trauma or other injuries can have psychological, cognitive, and physical disabilities that will last a lifetime as a result. Additionally, birth trauma is not something experienced just by the child. Mothers who are traumatized or injured during birth may also experience negative impacts later on, such as a poorer breastfeeding experience, post-natal depression, and post-traumatic stress disorder when faced with another pregnancy.

Birth injuries can resolve themselves within weeks or months after a child is born. Yet, there are some that influence their lives for years to come. For example, if both the baby and mother experienced a traumatizing birth, it could affect their bonding experience, resulting in emotional problems later on. The injuries sustained could leave a child dependent on their parents. Even if physical injuries heal, the affected child may face psychological damages, including a lack of coordination, poor emotional regulation, delayed early learning, and even less self-esteem than their peers.

In short, birth injuries and trauma must be taken seriously. If you and your baby sustained injuries and trauma at the hands of a medical professional, give the birth injury lawyers at Raynes & Lawn a call.

Liability for Birth Injuries

Determining liability for birth injuries can be complicated. Many people are involved in prenatal care, labor, and delivery of infants. The hospital or facility may hold liability, and the equipment or product manufacturers may also be partially at fault. Attorneys investigate birth injuries to identify all of the potential defendants.

Many parties may be liable for birth injuries, including:

  • OB/GYN doctors
  • Anesthesiologists
  • Nurses
  • Medical staff
  • Hospitals
  • Midwives
  • Birthing centers
  • Defective product or equipment manufacturers

If a doctor or nurse’s negligence caused the birth injury, an attorney would investigate. The goal is to find out whether the doctor is an employee of the hospital or birthing center, or if they are an independent contractor. If the doctor is an employee, both the doctor and the hospital may be liable. A hospital may be vicariously liable for the negligence of its employees or directly liable because of negligent hiring, supervision, training, and retention.

How to Prove Negligence

Plaintiffs must prove several elements when they claim that a doctor’s negligence caused birth injuries. You must be able to prove all of the following elements to prevail on your claim:

If you are unable to prove each of the elements, you will not prevail on your claim. In most cases, it will be necessary to call experts to prove the breach. Evidence proving that said breach caused damage is also required.

Experts usually are practicing physicians with experience in the field and who have a similar specialty as the defendant doctor. Experts can help to demonstrate that the defendant breached his or her duty of care. Then the lawyer shows that the breach was causally connected to the plaintiff’s injuries.

Contact a Birth Injury Law Firm in Philadelphia Today

At Raynes & Lawn, we understand the devastation that can be caused because of birth injuries. We work hard to recover compensation for our clients and to hold the defendants accountable for their negligence. Contact our law firm today to schedule a free consultation with a Philadelphia birth injury lawyer by filling out our contact form or calling our toll-free number at (800) 535-1797. A free case evaluation can help you to understand your rights and options.

 

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Philadelphia Office

1845 Walnut Street • 20th Floor
Philadelphia PA 19103
Phone: 1-215-568-6190
Toll-Free: 1-800-535-1797
Fax: 1-215-988-0618

New Jersey Office

10,000 Lincoln Drive E •
One Greentree Ctr, Ste 201
Marlton, NJ 08053-1536
Phone: 1-856-854-1556
Toll-Free: 1-800-535-1797
Fax: 1-215-988-0618