As a seasoned Pennsylvania birth injury lawyer, I have handled many cases of birth injuries, and understand the trauma a family experiences when the joyful event of birth is marred by injury. The sadness, anger, fear and sometimes guilt that can accompany a birth injury are part of the challenge to do right by a child injured during birth. The legal rights of both baby and family must be upheld.
Birth Injuries Cases Pennsylvania Birth Attorneys Handle
If birth injury lawyer, Philadelphia attorney Jeffrey Penneys can prove your birth defects case and the medical provider is found negligent, you are entitled to recover “damages” to help you deal with the consequences of the “wrongful birth”. Birth injuries are defined as any kind of damage to a newborn’s body before, during, or soon after birth. A wide variety of birth injuries are possible, ranging from minor and temporary injury to injuries severe enough to cause a baby’s wrongful death. Some common birth injuries include:
Causes of Birth Injuries
Although there are many “natural” circumstances under which an infant can be injured during the birth process (such as the umbilical cord wrapping around the baby, or a breech delivery), there are many ways medical staff can be negligent while delivering a child, including (but not limited to):
- failure to identify and treat conditions like maternal and fetal infections, Rh incompatibility, and maternal diabetes
- improper birthing techniques
- failure to respond appropriately to delivery complications
- delegation of important procedures to inexperienced junior staff
- a delay in performing a necessary cesarean-section delivery
- use of excessive force during the delivery
- miscalculation in the baby’s size, causing a traumatic delivery
- undue force during the delivery
- mishandling of the baby’s delicate skull
- the deprivation of oxygen
If your baby suffered a birth injury and you suspect the injury was caused by medical negligence, contact Philadelphia injury attorney Jeffrey H. Penneys, Esq. to discuss whether you have a medical malpractice case. Even if the extent of the injury or damage is not yet known, it’s best to begin an investigation as soon as possible. For example, the medical records of the mother’s and baby’s care before, during, and after birth injuries are crucial, and need to be examined right away.
Health care Lawyers are Preparing a Defense – Fight Back!
Of every 1,000 births in the US, roughly 27 result in a birth injury. This is thousands of birth injuries every year. Many of these injuries are unavoidable. However, many birth injuries are preventable — a fact that has been proven again and again. Doctors, nurses, midwives, and other health care professionals make mistakes or act in a negligent or even reckless manner with prenatal and perinatal care, including during delivery of babies.
Any time there is an injury associated with a birth, the medical staff who attended the birth (e.g., the physicians, nurses, anesthesiologist, midwife) will most likely be meeting with their lawyers to prepare a defense. It is not easy to prove medical negligence or malpractice, and most hospitals and clinics try to avoid the cost of compensating the families of infants who have suffered a birth injury.
Wrongful Birth Attorney on Your Side
It is a hospital negligence attorney’s obligation to determine as quickly as possible whether there is an actionable case. Medical malpractice cases are complex, expensive to pursue, have a high risk of no recovery, and often involve a client’s “personal” attachment. Jeffrey Penneys will help you determine the whether you have a good case.
In Pennsylvania, medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury, or within two years of the date of discovery, to a maximum of four years following the date of the act or omission. There are three forms of damages are recoverable in a birth injury malpractice award:
- economic (medical expenses)
- non-economic (pain and suffering)
- punitive (punishing reckless behavior) damages.
You may also receive malpractice compensation for future medical expenses. Punitive damages occur only in rare cases when it is proven that the medical practitioner had malicious intent.
Free Birth Injuries Attorney Consultation for Pennsylvania Birth Defects
Call Philadelphia birth injury lawyer Jeffrey Harlan Penneys at 1-215-771-0430 or use my birth injury online form to send an email. I’ll schedule a visit with you, at my office, in your home, or in your hospital room.
We wish there was not a need for birth injury lawyers, but hospital malpractice and physician negligence exists and birth injury attorneys protect your rights!
Medical malpractice cases can be extremely complex and require working with doctors, administrators, and other experts in the medical profession. In addition to having a hold of the legal complexities, our attorneys are also knowledgeable of medical techniques, procedures, developments, and trends in health care. Our skilled team of wrongful birth attorneys routinely consults with the best medical experts in preparing your birth injury lawsuit for trial.