Philadelphia Birth Injury Lawyer
Birth injuries can feel like a nightmare for many families, but Birth Injury Center is committed to helping families like yours in Philadelphia by providing knowledgeable guidance and legal resources. Our Philadelphia birth injury lawyers can help you secure the justice and compensation you deserve to ensure your child has the brightest possible future.
- Last Updated Date: October 6, 2023
The joy of having a new baby can turn to heartbreak when birth injuries occur. These injuries can profoundly impact infants with life-altering effects on their physical abilities and cognitive functions.
For families in Philadelphia, this experience can leave you feeling angry and confused. This is especially true for preventable injuries that result from medical negligence.
At Birth Injury Center, we understand the impact birth injuries can have on your family. With our dedicated team of Philadelphia birth injury lawyers, we are committed to helping you through the legal process and ensuring you receive the justice and compensation you rightfully deserve.
When Is a Health Care Professional Liable for Birth Injuries?
You expect a certain standard of care during your child’s birth—and, usually, hospitals and medical professionals meet this standard. However, sometimes, a medical practitioner breaches your trust and acts negligently. When this happens, it can result in birth injuries.
Of course, not all birth injuries result from negligence. Some injuries are unavoidable. Some birth injuries may even be necessary to avoid causing greater harm to the mother and child.
However, many birth injuries result from negligence by medical providers. If negligence caused or contributed to your child’s injury, you may be entitled to bring a birth injury lawsuit.
Medical malpractice is negligence by a medical professional. It occurs when a medical professional fails to provide the standard of care that a reasonable medical professional in the same field would provide under the same circumstances.
For a medical professional to be held liable for a birth injury, you must establish the following elements:
- There was a patient-doctor relationship establishing a duty of care.
- The health care provider breached that duty.
- That breach directly caused an injury.
- The injury caused damages, such as medical bills, lost work, or pain and suffering.
Proving that an injury occurred is insufficient. You must demonstrate what your doctor should have done and establish that competent doctors would have acted differently. An experienced legal team can help you do this.
Contact a lawyer for a free case evaluation today!
What Is the Statute of Limitations for Birth Injury Cases in Philadelphia?
The statute of limitations sets the deadline for filing a lawsuit. For birth injury cases in Pennsylvania, the statute of limitations for birth injury cases is only two years. However, some exceptions may apply.
Sometimes, birth injuries are not immediately apparent. Other injuries may not manifest for years. For example, cognitive delays and certain neurological disorders may only be noticeable once your child misses developmental milestones.
The so-called “discovery rule” adjusts the statute of limitations to begin when the birth injury is discovered rather than when it occurred.
For the child harmed by a birth injury, their statute of limitations does not begin to run until they reach adulthood. The clock starts on their 18th birthday and expires on their 20th birthday.
While Pennsylvania provides flexibility for child victims of birth injuries, mothers have less flexibility. Mothers in Philadelphia have a strict two-year limit for maternal birth injuries.
How To File a Birth Injury Lawsuit in Philadelphia
Filing a birth injury lawsuit can be intimidating. The process requires time and expertise. However, understanding the necessary steps can empower you to make informed decisions.
To file a birth injury lawsuit in Philadelphia, take the following steps:
- Consult a Philadelphia birth injury lawyer. They can guide you through the process, ensuring your case has a solid foundation.
- Work with a medical professional. They can review and verify your claims, ensuring your injuries align with your allegations. This step establishes credibility.
- File your legal claim. Your birth injury attorney can help you with this step.
- Submit a certificate of certificate of merit. You have a 60-day window after your filing to submit this document. It verifies that a medical professional has reviewed your claim and believes the care provided by the defendant fell outside acceptable professional standards.
Once you have the foundational steps of your lawsuit in place, evidence becomes your key focus. Finally, your lawsuit will either proceed to court or result in a birth injury settlement offer.
What Evidence Do I Need?
Evidence is the cornerstone of any birth injury claim. Your attorney will help you gather the necessary evidence, but understanding the types and significance can help you be proactive.
Some common pieces of evidence include the following:
- X-rays can highlight physical injuries or abnormalities.
- Medical charts provide a detailed record of the mother’s pregnancy, delivery, and postnatal care.
- Lab tests like blood and genetic tests can pinpoint specific issues.
- Witness testimony from anyone present during the delivery can describe what happened.
Expert testimony from medical professionals can highlight deviations from standard practices.
What Compensation Can You Receive for a Birth Injury Case in Philadelphia?
When medical negligence causes a birth injury, it is only fair to expect compensation. Ideally, birth injury compensation comprehensively covers all the costs and challenges your family faces due to medical malpractice.
Examples of damages include the following:
- Medical bills
- Treatment and therapy
- Supportive equipment
- Lost wages
- Pain and suffering
- Future care and needs
One notable aspect of Pennsylvania law is its no-cap policy on medical malpractice compensation. While some states limit how much you can receive, Pennsylvania is unrestricted.
However, gathering strong, compelling evidence is crucial. A well-documented case backed by powerful evidence can ensure your compensation accurately reflects your family’s losses.
Predicting Future Losses
Predicting future needs is more challenging than calculating immediate needs. Birth injuries can have repercussions spanning a lifetime. You must also consider emotional challenges, special education, and specialized care.
Creating long-term life and care plans is crucial. These plans outline the needs and costs associated with the birth injury. Make a comprehensive plan covering all potential areas, from educational support to potential future surgeries. It’s best to develop it with the input of your lawyer, therapists, and medical and financial experts.
Be thorough in your plans. Their depth and accuracy play an important role in determining the compensation you receive.
Connect With a Birth Injury Lawyer in Philadelphia
If you are dealing with the difficulties of a birth injury, our knowledgeable and experienced team can guide you through the legal process. Contact us to speak with an experienced Philadelphia birth injury lawyer today.
Written by:
Birth Injury Center Team
The Birth Injury Center aims to create informational web content and guides to help women and their families seeking support and guidance for birth injuries caused by medical negligence. All of the content published across The Birth Injury Center website has been thoroughly investigated and approved by medical expert Natalie Speer, RNC-OB, Attorney Ryan Mahoney.
