The anticipation of welcoming a new child can be a very exciting time for a family. With months of planning leading to the delivery date, everyone hopes to leave the delivery room with a healthy baby. Unfortunately, for some mothers, delivery day can be traumatic. Childbirth is a very complex experience and every birthing experience has the potential for complications. Today, with the advancement of medicine and medical care, some serious birth complications may be entirely preventable. Patients expect their doctors to provide a high standard of care to deliver a healthy baby.
If your baby suffered a birth injury because of your doctor’s negligence, your child may be entitled to compensation. For more information about your rights and how a Philadelphia birth injury lawyer can help you, contact Youman & Caputo.
Call us today at (215) 302-1999 to schedule your free consultation with one of our Philadelphia birth injury lawyers.
A birth injury is any injury or trauma that a baby suffers during pregnancy, or from complications in the birthing process. These injuries can be caused by medical malpractice, difficult labor, or maternal illness. Some birth injuries can be temporary and resolve on their own. Others are permanent with more debilitating, long-term effects on the baby and the child’s family.
Three broad categories of birth injuries are:
There are different types of birth injuries that can be sustained either during pregnancy or during the labor and delivery process. The most common birth injuries include:
Many of these cases are caused by substandard care provided by a healthcare professional. Mistakes can include the failure to provide sufficient oxygen to the baby, the use of excessive force to remove the baby from the birth canal, or the failure to diagnose a complication during prenatal care. All of these have the potential to give rise to a medical malpractice lawsuit.
There are different professionals involved in the prenatal care of a mother and delivery of a baby. During the delivery, different medical professionals including the delivery physician, anesthesiologist, other attending physicians, nurses, and medical assistants may all share some responsibility for the care of the patient. They may all share some degree of responsibility for any birth injuries that occur while they are in charge. They may also try to deny responsibility for any injuries, which is why you need an aggressive birth injury lawyer to advocate for you and get the justice your baby deserves.
There are many different causes of birth injuries, but medical negligence is one potential cause.
Cerebral palsy – this can be caused by a temporary disruption of oxygen to the baby’s brain during delivery. This damages the brain and causes a permanent disability where the brain is unable to send normal signals to control the body’s movements and other functions.
Erb’s palsy and nerve injuries – this can be caused by the use of excessive force during the delivery process, which causes damage to the brachial plexus nerve channel. The brachial plexus nerve channel transmits brain signals to the arms and hands. Injury to this nerve channel can result in paralysis of the arms and/or hands.
Brain injury – this can be caused by a disruption of the blood and oxygen flow to the brain during childbirth. If the attending doctors do not respond to this disruption quickly it could lead to permanent damage of the baby’s brain.
Prenatal problems – there are several problems that can arise during the pregnancy period which can cause problems for the baby. Maternal infections, problems with the placenta, premature delivery, and placenta problems can all cause damage to the baby’s developing brain. Early diagnosis and treatment of these prenatal complications is critical to positive outcomes for the mother and baby.
Delivery complications – during the delivery process, there is always a possibility of unexpected complications. Mothers and babies must be closely monitored to quickly identify and handle any of such complications to avoid serious injury to the mother and baby.
In all these cases, harm can be avoided with close monitoring of the mother and baby. Substandard care during the prenatal and delivery periods can result in injury to both the mother and baby. A birth injury lawyer should be consulted if a mother or baby has suffered injury as a result of the care they received from their doctor.
The labor and delivery process is stressful without any complications. If your baby has been injured during the birthing process, it may have a permanent impact on your family’s life. Your baby will have many needs to support their life and, if medical negligence is the cause of their injuries, they deserve justice for the harm done to them. The doctors and medical facility nearly always deny responsibility for the birth injury, which is why you need aggressive representation to get the full and fair compensation your child deserves.
Talk to a lawyer as soon as possible for an assessment of your case. Time may be running out. In Pennsylvania, while some claims may be filed as late as the child’s twentieth birthday, other claims may have to be filed within two years of the child’s birth. In New Jersey, pursuant to NJ.S.A. 2A:14-2, these cases must be filed prior to the child’s 13th birthday. Your lawyer needs time to investigate your case and put together a strong case to protect your interests.
If you are looking for an experienced birth injury lawyer in Philadelphia, call Youman & Caputo at (215) 302-1999. Our attorneys have obtained numerous seven and eight figure verdicts and settlements in birth injury cases. Your initial case consultation is free, and you will pay no fee or costs unless and until we win your case.