When you were expecting, you took care of yourself, read childbirth books, and dreamed of everything from first words to first steps to the day you’d send them off to college. Sadly, for far too many parents in Pennsylvania each year, those dreams vanish in an instant due to preventable mistakes made before, during, or after birth.
Birth injuries can result in long-term medical conditions that may require lifelong treatment, caretaking costs, and pain for the child and the parents. From pricey special education to adaptive devices and vehicle modifications, you may be facing a lifetime of bills. But there is hope for accessing the financial resources to get the best care for your child.
If you are a parent who is struggling in the aftermath of a devastating birth injury, call the compassionate birth injury law firm Philadelphia Injury Lawyers P.C. today or reach out to us through our online contact form. We are here to provide you with the support and guidance you need during this difficult time.
Medical Mistakes That Can Lead to Birth Injury Claims in Philadelphia
As Philadelphia medical malpractice lawyers, we have come across a variety of medical mistakes that resulted in birth injury claims. These include but are not limited to:
- Lack of planning by the medical professional responsible for performing the delivery
- Failure to accurately diagnose existing medical complications of the expectant mother or unborn child
- The mother taking contraindicated prescription drugs before or during pregnancy
- Use of excessive force or inappropriate use of delivery tools (such as forceps or vacuum) to assist in the delivery of the child
- Inadequate care provided by medical professionals (doctor, midwife, nurse) during labor and delivery
- Proceeding with a vaginal delivery when there are indications that the unborn child is too large for vaginal childbirth
- Failure to detect the baby’s position, such as breech presentation (feet or buttocks first), during delivery, which can lead to serious complications
Any time a doctor’s failure to act or react the way another reasonable professional in the same area of specialization would, it can be grounds for a Philadelphia medical malpractice claim. An injury lawyer can go over the details of your case and tell you if you have grounds to seek compensation.
How Much a Philadelphia Birth Injury Claim Is Worth
How much your family’s birth injury claim in Philadelphia is worth will depend on many factors. These include the severity of the injury, your child’s prognosis, and the level of caretaking help you will require throughout your child’s lifetime.
Some other factors that influence your Pennsylvania birth injury claim’s worth include the strength of your evidence, how much insurance coverage is available, and the insurance company’s willingness to negotiate. A birth injury lawyer in Philadelphia can examine the details of your case and help you fight for a full settlement that accounts for your family’s expenses and losses.
How a Birth Injury Lawyer in Philadelphia Helps Parents
When a child has a birth injury due to medical negligence, parents often face an overwhelming and emotional journey. Here’s how we can help take the pressure off of you during the claims process:
- Investigating the cause of the birth injury: A birth injury attorney will examine the circumstances surrounding your child’s birth to ascertain if medical negligence played a role.
- Identifying liable parties: In some cases, multiple parties may be liable for a birth injury, including doctors, nurses, hospitals, or other healthcare providers.
- Assessing the full extent of damages: Birth injuries can result in substantial financial losses, including medical expenses, ongoing care costs, and lost wages if a parent must leave work to care for their child.
- Negotiating with hospitals, attorneys, and insurance companies: Companies often try to minimize payouts in birth injury cases, but we advocate for your rights and work to secure a fair settlement that accounts for your child’s current and future needs.
- Representing you at trial: If a fair settlement cannot be achieved, a birth injury lawyer will be ready to advocate for you at trial.
- Providing emotional support: Pursuing a birth injury claim can be emotionally challenging for parents. A compassionate birth injury lawyer understands the difficulties you face and can provide emotional support and guidance.
- Offering resources and referrals: Birth injury lawyers often have a network of resources and referrals to assist families in managing the challenges of caring for a child with a birth injury.
Dealing with the physical, emotional, and financial challenges of caring for a child with a birth injury can be daunting, but a birth injury lawyer in Philadelphia can provide invaluable support and guidance throughout the legal process. Call Philadelphia Injury Lawyers P.C. or fill out our online contact form to learn more.
Why Parents Deserve Compensation When a Medical Mistake Injures Their Child
Seeking compensation through a birth injury claim is not just about financial recovery; it’s about holding negligent healthcare providers accountable and ensuring that the child receives the care and support they need to manage the challenges they may face.
Parents deserve compensation when a medical mistake injures their child for several compelling reasons:
- Improved quality of life: Compensation can provide resources for home modifications, specialized equipment, and other accommodations that can improve the child’s quality of life and help them achieve their fullest potential.
- Accountability and prevention: Holding negligent healthcare providers accountable through a birth injury claim can motivate hospitals and medical professionals to improve their practices and prevent future mistakes.
- Justice and closure: Pursuing a birth injury claim can provide a sense of justice and closure for parents, acknowledging the harm done to their child and the challenges they will face as a result of the medical mistake.
No amount of money can undo the trauma of a birth injury or erase the challenges a child and their family will face. However, seeking compensation through a birth injury claim is an essential step in securing the resources necessary to provide the best possible care and support for the child.
The Statute of Limitations for Birth Injury Claims in Philadelphia, Pennsylvania
In Philadelphia, Pennsylvania, the statute of limitations for birth injury claims is regulated by state law. It’s essential for parents to comprehend these time limits because failing to file a claim within the specified period can lead to forfeiting the right to pursue compensation for their child’s injuries.
The statute of limitations for birth injury claims in Pennsylvania is two years from the date of the injury or the date when the injury was discovered or reasonably should have been discovered. However, there are some important exceptions and considerations:
- Minors: If the injured party is a minor (under 18 years old), the statute of limitations is tolled (paused) until the child reaches the age of 18. From that point, the child has two years to file a claim, meaning the statute of limitations expires on their 20th birthday.
- Discovery rule: In certain instances, the “discovery rule” may extend the time limit for filing a claim. This rule is applicable when the injury or its cause was not immediately apparent. In such situations, the two-year clock starts from the date when the injury was discovered or reasonably should have been discovered.
- Fraudulent concealment: If a healthcare provider intentionally conceals or misleads the family about the cause of the birth injury, the statute of limitations may be extended based on the specific circumstances of the case.
It’s important to note that while parents may have additional time to file a claim on behalf of their minor child, it’s always best to seek guidance from a birth injury lawyer as soon as possible. Promptly investigating the case and gathering evidence can be crucial to building a strong claim so that your family obtains the compensation you deserve.
Filing a Philadelphia Wrongful Death Claim After a Fatal Birth Injury
If a birth injury results in the death of a child, parents may have the opportunity to pursue a wrongful death claim against the negligent healthcare providers. A wrongful death claim aims to secure compensation for the losses endured by the child’s family, which can encompass medical expenses, funeral costs, loss of companionship, and emotional distress.
In Philadelphia, Pennsylvania, the statute of limitations for a wrongful death claim arising from a fatal birth injury is two years from the date of the child’s death. This means that the child’s parents or the personal representative of the child’s estate must file a lawsuit within this two-year period, or they risk losing the right to seek compensation.
Coping with the loss of a child due to a preventable birth injury is an unimaginable tragedy. Families have the opportunity to seek justice for their child by pursuing a wrongful death claim, hold negligent healthcare providers accountable, and obtain the financial resources needed to deal with the aftermath of their loss.
Meet With a Compassionate Philadelphia Birth Injury Lawyer
Don’t carry the burden of living with someone else’s mistake on your own. If your child’s birth injury has led to medical expenses and the necessity for long-term medical treatments from specialists, Philadelphia birth injury lawyers can assist you in obtaining compensation to address these expenses.
We understand what you are going through, and we have helped many families who are in your position. Get your free consultation with Philadelphia Injury Lawyers P.C. today or contact us online. Let us provide your family with the support you need to move forward.
