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Philadelphia Birth Injury Lawyer

Philadelphia Birth Injury Attorneys

In Pennsylvania, as in all states, the occurrence of birth injuries can have profound effects on families, both emotionally and financially. These injuries may result from a variety of factors including medical negligence or errors during delivery. The knowledgeable Philadelphia birth injury lawyers at PhillyLaw can be indispensable in these situations.

An experienced birth injury attorney can help families understand their rights and pursue the compensation needed to cover medical expenses, ongoing care, and other damages due to their extensive experience in birth injury cases. It is essential to have legal representation that is well-versed in the intricacies of medical malpractice law in Pennsylvania to ensure that families receive the support and justice they deserve. If you believe you have a birth injury claim, contact a Pennsylvania birth injury attorney at PhillyLaw for a free consultation to learn more about your options.

How the Birth Injury Lawyers at PhillyLaw Can Help You

If you suspect your child has suffered a birth injury, seeking the assistance of the dedicated Philadelphia birth injury lawyers at PhillyLaw can be a crucial step towards obtaining the justice and compensation your family is entitled to. A specialized birth injury lawyer can help you by:

Evaluating Your Case

The birth injury attorney will provide a comprehensive evaluation of your child’s birth injury case, considering medical reports, expert testimonies, and the details of the delivery process to determine the validity of your claim.

Understanding Medical Malpractice Law

Navigating Pennsylvania’s complex medical malpractice laws can be daunting. The experienced medical malpractice lawyers at PhillyLaw will help you understand the specifics of these laws and how they apply to your situation. When a child’s injuries or birth defects are due to medical negligence, our lawyers can help hold medical professionals accountable for that negligence.

Gathering Evidence

Your attorney will take on the task of gathering all necessary evidence to build a strong case. This includes medical records, witness statements, and expert opinions on the standard of care and how it may have been breached.

Negotiating with Insurance Companies

Insurance companies often attempt to settle quickly and for less than what is fair. A skilled birth injury lawyer will negotiate aggressively on your behalf to ensure that any settlement covers the full extent of your damages, including future medical expenses.

Representing You in Court

If a fair settlement cannot be reached, your lawyer will be prepared to take your case to court and file a birth injury lawsuit, presenting a compelling argument to the judge or jury on why you deserve compensation for the injury caused to your child.

By choosing to work with a trusted Philadelphia birth injury attorney at PhillyLaw for birth injury claims, you can focus on the well-being of your child and family, knowing that your legal representation is tirelessly working to secure the support and resources necessary for your child’s future.

Common Causes of Birth Injuries

Birth injuries can result from a variety of factors during the labor and delivery process.

Prolonged Labor

One of the most common causes of birth injury is prolonged or difficult labor, often referred to as labor dystocia, which can place significant stress on the baby, leading to potential injuries.

Improper Use of Delivery Tools

Another prevalent cause is improper use of delivery tools such as forceps or vacuum devices, which, if used incorrectly, can cause physical trauma to the baby.

Obstetric Negligence

Obstetric negligence, which encompasses a range of errors made by healthcare professionals, including failure to monitor fetal heart rate properly, mismanagement of shoulder dystocia, and delay in performing a necessary cesarean section, also significantly contributes to birth injuries.

How Can Medical Malpractice Cause Birth Injury

Medical malpractice occurs when a healthcare professional deviates from the standard of care in their field, leading to harm or injury to a patient. In the context of childbirth, this medical negligence can directly result in birth injuries through several avenues. This could include misdiagnosis or failure to diagnose a condition in the mother or fetus that requires special care, improper handling or oversight during delivery, or failure to respond adequately to complications that arise.

For example, ignoring signs of fetal distress can delay necessary interventions like cesarean sections, risking oxygen deprivation and resulting in brain injuries or cerebral palsy in the newborn. Furthermore, improper use of medical instruments or excessive force during delivery can cause physical trauma, such as fractures or nerve damage. Each of these scenarios underscores the critical importance of adhering to professional standards and protocols in maternity care to prevent birth injuries attributable to medical negligence.

Additional factors include the baby’s position during delivery, such as breech delivery, and pre-existing maternal health conditions that can complicate the labor and delivery process. Understanding these causes is crucial for both preventing birth injuries and for families seeking legal advice and support following a birth injury. For legal guidance, an experienced medical malpractice attorney at PhillyLaw is standing by to help you understand your rights.

Signs That Your Child May Have a Serious Birth Injury or Birth Defect

Identifying signs of a serious birth injury or birth defect early can be crucial for the immediate and long-term management of the condition. Here are some indicators that may suggest your child has suffered a significant birth injury or has a birth defect:

Delayed Milestones

If your child is significantly behind in hitting development milestones such as rolling over, sitting up, crawling, walking, or speaking compared to children of the same age, it could be a sign of a birth injury or defect.

Physical Symptoms

Noticeable signs such as muscle stiffness or floppiness, seizures, excessive drooling, feeding difficulties, or a lack of coordination may point to neurological damage or other serious conditions.

Cognitive Signs

Difficulty with concentration, learning disabilities, or developmental delays can be indicators of brain injury incurred during birth.

Abnormal Muscle Tone or Movements

A clear sign of potential birth injury is when a child has either too much or too little muscle tone, or if they exhibit involuntary movements.

Environmental and Physical Sensitivity

An unusual sensitivity to light, sound, or physical touch can sometimes indicate underlying neurological issues stemming from birth injuries.

Unusual Posture

Favoring one side of the body or adopting unusual postures could suggest a brachial plexus injury or other neuromuscular conditions linked to birth trauma.

Promptly consulting with healthcare professionals upon noticing any of these signs is essential. Early diagnosis and intervention can significantly improve outcomes for children with birth injuries or defects.

What to Do If You Believe Your Baby Suffered a Birth Injury

If you suspect your baby may have suffered a birth injury, taking immediate and appropriate action is crucial for your child’s health and any legal steps you may consider for a potential birth injury claim. Here are steps to guide you through this challenging time:

  1. Seek Medical Evaluation: The first and most important step is to consult with a pediatrician or a specialist who can evaluate your child’s condition comprehensively. Accurate diagnosis and understanding the extent of the injury are critical for planning immediate and long-term care.
  2. Document Everything: Keep thorough documentation of all medical visits, diagnoses, and treatments, as well as any conversations with healthcare providers. This information can be invaluable for understanding your child’s health situation and can serve as important evidence should you pursue legal action.
  3. Get a Second Opinion: Considering the complexity of birth injuries, getting a second opinion from another healthcare provider can provide additional insights or confirm the initial diagnosis, offering peace of mind or revealing new information about your child’s condition.
  4. Understand Your Child’s Needs: Depending on the diagnosis, educate yourself about your child’s specific condition. This may involve learning about immediate treatments, long-term care needs, therapy options, and potential outcomes to ensure the best quality of life for your child.
  5. Contact a Philadelphia Birth Injury Lawyer at PhillyLaw: If you believe your child’s birth injury could have been prevented or was caused by negligence and you have a birth injury claim, it’s crucial to consult with an experienced birth injury lawyer. A specialized attorney can offer legal advice, help you understand your rights, and determine if you have a case to recover compensation for medical expenses, ongoing care, and other related costs.
  6. Support System: Surround yourself with a support system that includes family, friends, and groups who understand what you are going through. Emotional and practical support can make a significant difference as you navigate the challenges ahead.
  7. Plan for the Future: Depending on the severity of the birth injury, you may need to plan for long-term care and financial considerations. This might include setting up special needs trusts, exploring government assistance programs, and ensuring that your child will have the necessary support throughout their life.

Common Birth Injuries

Birth injuries can range from mild to severe, impacting a child’s health in various ways. Among the most common types of birth injuries are:

Cerebral Palsy

Cerebral palsy (CP) is a neurological disorder that primarily affects body movement and muscle coordination. It is one of the most common motor disabilities in childhood and occurs as a result of damage to or abnormalities inside the developing brain, often before, during, or immediately after birth. The symptoms of CP can vary greatly among individuals, but they generally include difficulties with movement, posture, and balance.

People with CP may also experience co-occurring conditions, such as intellectual disabilities, seizures, vision or hearing impairments, and problems with speech. The severity of CP can range from mild, where the individual can walk without assistance, to severe, where the individual may require lifelong care. While cerebral palsy is a permanent condition, a variety of therapies and assistive technologies can help manage symptoms, improve independence, and enhance quality of life.

Brachial Plexus Injuries

Injuries to the brachial plexus, the network of nerves that sends signals from the spine to the shoulder, arm, and hand, can occur during childbirth, especially in cases of shoulder dystocia. This can lead to weakness or disability in the affected arm.


Clavicle or collarbone fractures are the most common type of fractures during birth, usually resulting from difficult deliveries or the use of delivery instruments.

Perinatal Asphyxia

A condition where the baby does not receive enough oxygen before, during, or immediately after birth, leading to breathing problems, poor blood circulation, and possibly affecting brain function.

Intracranial Hemorrhage

This type of injury involves bleeding under the skull or within the brain and can occur as a result of delivery trauma. It ranges in severity and can lead to long-term neurological problems.

Caput Succedaneum

Swelling of a newborn’s scalp that appears as a lump or bump on their head shortly after delivery. This condition is often caused by pressure from the birth canal or the use of vacuum extraction during delivery.

Understanding the various types of birth injuries is essential for parents and healthcare professionals to seek the appropriate medical and legal assistance from the birth injury lawyers at PhillyLaw. Taking these steps can help you deal with the immediate and long-term implications of a birth injury, providing your child with the best possible care and support while ensuring your rights are protected.

Our Commitment to Helping You Recover for Birth Injury Claims

The Philadelphia birth injury lawyers at PhillyLaw are here for your family if you believe your child has suffered a birth injury. With our team’s expertise and compassionate approach, we understand the physical, emotional, and financial toll these injuries can have on families. Our dedicated birth injury attorneys are committed to advocating for the rights of those affected, tirelessly working to ensure that you receive the compensation and support necessary for your child’s care and recovery. At PhillyLaw, we stand ready to guide you through every step of the legal process with sensitivity and professionalism, aiming to secure the best possible outcome for your family. Contact us for a free consultation to learn more about your options.