While almost all childbirth injuries are irreversible, most of them are preventable. Unfortunately, as much as we would like to believe that we entrust the care of our children in very competent hands, childbirth injuries do happen, and they are more common than you think.

In the vast majority of these cases, childbirth injuries are caused due to medical negligence and careless mistakes made by obstetricians, gynecologists, doctors, nurses, and other medical professionals responsible for monitoring pregnancy, labor and delivery.

“What many people in Pennsylvania do not realize is that they might be able to sue a negligent healthcare provider to recover damages,” says our Philadelphia childbirth injury attorney at The Weitz Firm, LLC.

Sure, in most medical malpractice cases involving childbirth injury, no money in the world can fix the negligent and unforgivable mistakes made by obstetricians, gynecologist, and other doctors. But by using the negligent medical professional, you can relieve the financial burden that has been put on your family, and recover damages for past, present, and future medical expenses, not to mention seeking compensation for pain and suffering, emotional distress, and mental anguish.

When is a childbirth injury caused by medical malpractice?

Many childbirth injuries are attributed to such types of medical malpractice as:

  1. Failure to thoroughly monitor maternal and fetal health throughout the pregnancy
  2. Failure to adequately check and assess appropriate weight gain, blood pressure, the presence of gestational diabetes, and other diagnostic test indicators obtained throughout the pregnancy
  3. Failure to notice signs indicating that the fetus is not developing normally
  4. Failure to diagnose complications that may arise throughout the pregnancy
  5. Failure to properly use fetal heart monitoring and other diagnostic tools to monitor maternal and fetal health
  6. Failure to act as required by the acceptable standard of care in the event of prolonged pregnancy, long period of labor, the unusual size of the baby, the deterioration of health of the mother or fetus, etc.
  7. Failure to provide adequate genetic counseling to assess risks associated with pregnancy and delivery
  8. Failure to properly check family history and testing to prevent birth injury
  9. Failure to properly handle the infant during delivery
  10. Failure to perform a C-section in a timely manner despite the presence of clear signs that the procedure is necessary for the life or health of mother or fetus (“These signs include but are not limited to fetal bleeding, placental abruption, and many more,” explains our experienced childbirth injury attorney in Philadelphia)
  11. Negligent actions or omission to act in the event of reduced blood flow
  12. Medical errors made during C-section delivery
  13. Errors involving in vitro fertilization
  14. Failure to act in compliance with the acceptable standard of care in the event of a compressed umbilical cord, and
  15. Failure to properly administer Pitocin or any other medication throughout the pregnancy or labor.

Types of birth injuries

You may be able to file a medical malpractice lawsuit and sue the negligent healthcare provider for causing any of the following childbirth injuries:

  • Birth injuries caused by a lack of oxygen
  • Brain damage caused by reduced blood flow
  • Eclampsia And Pre-eclampsia
  • Erb’s palsy, also known as brachial plexus or shoulder dystocia
  • Pitocin overdose
  • Fetal distress
  • Infections or sepsis
  • Kernicterus
  • Umbilical Cord Compression, and
  • Uterine Rupture/VBAC.

This is a non-exhaustive list of preventable yet life-threatening and devastating childbirth injuries that should never go ignored and unpunished when caused by negligent, reckless or careless obstetricians, gynecologists, doctors, nurses, and other medical professionals.

As you can imagine, suing a doctor for a childbirth injury may feel like an uphill battle, as this type of medical malpractice cases is usually extremely difficult and complex.

FAQs for Birth Injury Attorney Philadelphia

Statistically speaking, of every 1,000 infants born in the U.S., approximately eight of them are born with a birth injury. Caring for a child with a birth injury is emotionally distressing and can put a tremendous strain on your family’s budget.

If your baby was born with a birth injury, you must consider filing a medical malpractice lawsuit against the hospital, obstetrician, and other medical professionals who were involved in the labor and delivery.

Contact a Philadelphia birth injury attorney from The Weitz Firm, LLC, to evaluate your situation and determine whether your child’s birth injury was a result of medical malpractice.

What Are the Most Frequent Birth Injuries in Pennsylvania?

The 10 most common birth injuries in Pennsylvania include:

  1. Brachial Plexus Palsy (Erb’s Palsy);
  2. Bone fractures;
  3. Cephalohematoma;
  4. Caput succedaneum;
  5. Perinatal asphyxia;
  6. Intracranial hemorrhage;
  7. Subconjunctival hemorrhage;
  8. Facial paralysis;
  9. Spinal cord injuries; and
  10. Cerebral palsy.

Is There a Difference Between a Birth Injury and Birth Defect?

Although the terms “birth defect” and “birth injury” may seem like they are referring to the same thing, there is actually a big difference between these two.

Generally, a birth injury is caused by negligence on the part of the hospital and/or medical professionals during labor or delivery. A birth defect, on the other hand, refers to a physical condition or imperfection that arose as a result of genetics, infection, or another form of harm that occurred prior to birth.

Are All Birth Injuries Caused by Medical Malpractice?

Under state law in Pennsylvania, all medical professionals must adhere to the accepted standards of care and provide medical treatment the same way anyone else in their profession would have provided under similar circumstances.

A common cause of birth injuries is the failure to monitor the mother and baby throughout the pregnancy and childbirth. If a gynecologist or obstetrician fails to give the patient adequate attention or misses signs of risk or danger, the patient whose baby was born with a birth injury may be entitled to file a medical malpractice claim.

The sooner the parents contact a Philadelphia birth injury lawyer, the better the chance of receiving maximum compensation promptly.

How to Determine Fault if Your Child Suffered a Birth Injury?

Proving that a doctor’s negligence caused your child’s birth injury is not easy. More often than not, an experienced medical malpractice lawyer needs to complete a thorough investigation to determine fault.

Call our attorneys at The Weitz Firm, LLC, at 267-587-6240 to determine whether your case meets the criteria to be submitted for expert review to a competent obstetrician or gynecologist.

Will Your Birth Injury Lawsuit Go to Trial?

Not all birth injury lawsuits – or other medical malpractice lawsuits, for that matter – proceed to trial. Although an experienced attorney will always try to negotiate a settlement, the possibility of litigating the case should never be ruled out.

Whether or not your birth injury case will go to trial depends on the complexity of your case and the defendant’s willingness to settle your claim for the amount requested by your Philadelphia birth injury attorney.

How Much Will a Birth Injury Lawsuit Cost You?

Litigating a birth injury case is not cheap. Luckily, our lawyers at The Weitz Firm, LLC, work on a contingency fee basis. We do not get our payment unless we win or settle the case.

All the expenses associated with litigating your case are paid upfront by our law firm, and then paid back from the final settlement. Speak to our lawyers to determine how much a birth injury lawsuit could cost you.

That’s why you need a Philadelphia childbirth injury lawyer by your side to obtain medical expert witness testimony, investigate your case, evaluate the damages, file a lawsuit, negotiate a fair settlement, and seek the maximum compensation. Contact The Weitz Firm, LLC, for a free case evaluation today – call our offices at 267-587-6240.

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