Birth Injuries

Serving 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 lawyers 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 Pennsylvania 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 in Pennsyvania

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 Pennsylvania 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.

 

For the general public:  This Blog/Website is made available by the law firm publisher, Raynes & Lawn, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship between you and the Blog/Website publisher. The Blog/Website should not be used as a substitute for competent legal advice from a licensed attorney in your jurisdiction.

For attorneys:  This Blog/Website is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients.  Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.

Birth Injury FAQ's

How Long Does It Take Jaundice to Turn into Kernicterus?

Jaundice is a common condition in newborn infants, characterized by a yellowing of the baby’s skin and eyes caused by the buildup of excess bilirubin in their bloodstream. Bilirubin is released when red blood cells break down in the liver, and if the liver cannot process it adequately, it can accumulate in the blood and cause a yellow appearance. While most cases of infant jaundice are short-lived and will quickly go away with exposure to sunlight, some infants develop jaundice that does not go away very easily. This can be serious and require prompt management and treatment, as untreated jaundice can progress into kernicterus, a rare but serious condition that results in brain damage. Kernicterus can occur when excess levels of bilirubin build up in the brain due to untreated jaundice, and bilirubin can become toxic and cause hyperbilirubinemia, leading to damage to the central nervous system, including the brain. Infants are susceptible to jaundice because their liver doesn’t finish developing until up to two years following birth. Infant jaundice is very common and affects up to 60% of newborns. Among infants who are born before 36 weeks of gestation, jaundice affects an average of 80%. Kernicterus can cause damage to the brain and central nervous system and lead to multiple symptoms and complications. Kernicterus can result when an infant’s severe jaundice is not properly treated. The primary cause of jaundice is hyperbilirubinemia, which is excess bilirubin that is released into the blood when old red blood cells are broken down. Jaundice in newborns can also be caused by an underlying condition and might appear either earlier or later than physiologic jaundice. There are several risk factors for infant jaundice, including risk factors for severe jaundice that can result in kernicterus, such as preterm birth, bruising during labor and delivery, and incompatible blood types between the mother and infant.

What Are The Signs Of Kernicterus?

Kernicterus is a rare but serious condition that can occur when high levels of bilirubin build up in a newborn’s blood. Some signs of kernicterus include:

  • Yellowing of the skin and eyes (jaundice) that lasts longer than usual
  • Stiffness in the baby’s body, neck or limbs
  • High-pitched crying, which may sound like a cat cry
  • Poor feeding, lethargy or difficulty waking up
  • Unusually high-pitched or shrill cry, like a cat’s meow
  • Involuntary muscle movements, seizures or involuntary muscle contractions

If you notice any of these symptoms, it is essential to take your baby to a doctor immediately. Early detection and treatment can prevent brain damage caused by kernicterus. Learn more about Kernicterus

When is a Child’s Cerebral Palsy a Malpractice Issue?

Cerebral palsy is a neurological disorder that affects movement and posture. It can occur due to brain damage or abnormal development of the brain during or shortly after birth. In some cases, cerebral palsy may be caused by medical malpractice, such as when a medical professional fails to provide adequate care during childbirth, leading to brain damage.

If a child’s cerebral palsy was caused by medical malpractice, it may be considered a malpractice issue. Medical malpractice occurs when a healthcare professional fails to provide the standard of care that is expected of them, resulting in harm to the patient. In the case of cerebral palsy, this may occur when medical professionals fail to recognize and treat conditions such as fetal distress, which can lead to oxygen deprivation and brain damage.

It’s important to note that not all cases of cerebral palsy are the result of medical malpractice. Sometimes cerebral palsy occurs due to factors outside of medical professionals’ control, such as genetic mutations or infections during pregnancy. If you suspect that your child’s cerebral palsy may have been caused by medical malpractice, it’s important to seek the advice of a qualified medical malpractice attorney who can help you determine whether or not you have a case. Read more

How Long do I Have to File a Lawsuit for my Child With CP?

The statute of limitations for filing a lawsuit for a child with cerebral palsy varies depending on the state in which the incident occurred. In most states, the statute of limitations is two to three years from the time the injury occurred or when it was discovered. However, some states may have different time limits, and there may be exceptions depending on the circumstances of the case.

It is important to consult with a qualified attorney as soon as possible if you believe your child’s cerebral palsy was caused by medical malpractice. They can help you understand the statute of limitations in your state and assist you in filing a lawsuit before the deadline passes. Delaying action may result in losing the right to pursue legal action and seeking compensation for your child’s injuries. Read More

What Risk Factors Are Associated With Cerebral Palsy?

Cerebral palsy (CP) is a group of disorders that affect a person’s ability to move and maintain balance and posture. While the exact cause of CP is not always known, there are several risk factors that have been associated with the condition.

Some of the most common risk factors for cerebral palsy include premature birth, low birth weight, multiple births (such as twins or triplets), birth complications (such as prolonged labor, breech presentation, and umbilical cord problems), and infections during pregnancy (such as rubella, cytomegalovirus, and toxoplasmosis).

Other risk factors include head injuries, brain infections (such as meningitis or encephalitis), and genetic mutations or disorders. In some cases, cerebral palsy may also be caused by medical negligence or malpractice during labor and delivery.

It’s important to note that having one or more risk factors does not necessarily mean that a child will develop cerebral palsy. However, being aware of these risk factors can help doctors and parents take steps to minimize a child’s risk and ensure that they receive the best possible care and treatment. Read More

What Risk Factors Are Associated With Cerebral Palsy?

Cerebral palsy (CP) is a group of disorders that affect a person’s ability to move and maintain balance and posture. While the exact cause of CP is not always known, there are several risk factors that have been associated with the condition.

Some of the most common risk factors for cerebral palsy include premature birth, low birth weight, multiple births (such as twins or triplets), birth complications (such as prolonged labor, breech presentation, and umbilical cord problems), and infections during pregnancy (such as rubella, cytomegalovirus, and toxoplasmosis).

Other risk factors include head injuries, brain infections (such as meningitis or encephalitis), and genetic mutations or disorders. In some cases, cerebral palsy may also be caused by medical negligence or malpractice during labor and delivery.

It’s important to note that having one or more risk factors does not necessarily mean that a child will develop cerebral palsy. However, being aware of these risk factors can help doctors and parents take steps to minimize a child’s risk and ensure that they receive the best possible care and treatment. Read More

Why Hire A Birth Injury Lawyer?

Hiring a birth injury lawyer can be beneficial in several ways. Birth injuries can have lifelong consequences, and a lawyer can help you seek compensation for the damages caused.

Here are some reasons why you may want to consider hiring a birth injury lawyer:

  1. Knowledge and expertise: Birth injury cases can be complex and require specialized legal knowledge. A birth injury lawyer has experience in handling such cases and can provide you with the guidance and support you need.
  2. Investigative skills: A birth injury lawyer will investigate the circumstances surrounding your case to determine if medical negligence or malpractice caused the injury.
  3. Negotiation skills: A birth injury lawyer can negotiate with insurance companies and other parties involved in the case to ensure that you receive fair compensation for the damages caused.
  4. Access to resources: A birth injury lawyer has access to medical experts, economists, and other resources that can help build a strong case in your favor.
  5. Emotional support: A birth injury can be traumatic and emotionally draining. A birth injury lawyer can provide you with the emotional support you need during this difficult time.

If your child has suffered a birth injury, it is important to seek legal advice as soon as possible. A birth injury lawyer can help you understand your legal options and work towards securing the compensation you and your child deserve. Learn More

Could My Doctor Be Responsible for My Child’s Cerebral Palsy?

In some cases, a doctor or healthcare provider may be responsible for a child’s cerebral palsy. Cerebral palsy is a neurological disorder that can be caused by brain damage before, during, or shortly after birth. Medical negligence or malpractice during pregnancy, labor, or delivery can result in brain damage that causes cerebral palsy.

Here are some examples of situations where a doctor or healthcare provider may be responsible for cerebral palsy:

  1. Failure to diagnose or treat maternal infections: Maternal infections such as meningitis, sepsis, or herpes can cause brain damage in a developing fetus. If a doctor fails to diagnose or treat these infections, they may be liable for any resulting brain damage.
  2. Delayed or inadequate response to fetal distress: Fetal distress occurs when the baby is not receiving enough oxygen during labor and delivery. If a doctor or healthcare provider fails to respond appropriately to fetal distress, the baby may suffer brain damage that leads to cerebral palsy.
  3. Misuse of delivery instruments: The misuse of delivery instruments such as forceps or vacuum extractors can cause brain damage that leads to cerebral palsy.
  4. Failure to perform a timely cesarean section: In some cases, a doctor may need to perform a cesarean section to prevent brain damage to the baby. If a doctor fails to perform a timely cesarean section, they may be liable for any resulting brain damage.

If you suspect that your child’s cerebral palsy was caused by medical negligence or malpractice, it is important to seek legal advice. A birth injury lawyer can help you understand your legal options and work towards holding the responsible parties accountable. Read the full article Could My Doctor Be Responsible for My Child’s Cerebral Palsy?

What Are the Differences Between Birth Defects & Birth Injuries?

Birth defects and birth injuries are two different conditions that can affect newborns. Here are the main differences between them:

  1. Cause: Birth defects are typically caused by genetic or environmental factors that affect fetal development during pregnancy. Birth injuries, on the other hand, are usually caused by physical trauma during labor and delivery.
  2. Timing: Birth defects are present at birth and are often diagnosed before or shortly after the baby is born. Birth injuries, however, occur during labor and delivery, and symptoms may not be immediately apparent.
  3. Types: Birth defects can be structural or functional, affecting the way the body is formed or functions. Birth injuries, on the other hand, are usually physical injuries such as damage to the brain or nerves.
  4. Treatments: Birth defects may require ongoing medical care, therapies, and surgeries throughout the child’s life. Birth injuries may require immediate medical attention and ongoing treatments, but they may also improve or resolve over time.
  5. Liability: Birth defects are usually not the result of medical negligence or malpractice. However, birth injuries can sometimes be caused by medical errors or malpractice during labor and delivery, and in these cases, the responsible party may be held liable.

It is important to note that birth defects and birth injuries can both have a significant impact on the child’s health and development. If you have concerns about your child’s condition, it is important to consult with a healthcare provider and, if necessary, seek legal advice. Be sure to read the full article “What Are the Differences Between Birth Defects & Birth Injuries?

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