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What Can I Expect With a Birth Injury Lawsuit in Pennsylvania?

What Can I Expect With a Birth Injury Lawsuit in PA?

The majority of birth injuries are preventable. Birth injuries can happen at any time in a pregnancy. They can occur during the birth, while the baby is still in the womb, or shortly after birth. Medical malpractice and medical negligence are two major causes of birth injuries.

When you suffer a birth injury, you need experienced lawyers on your side from the start. At Justice Guardians Pennsylvania, a birth injury lawyer will fight insurance companies aggressively on behalf of their clients. We believe that parents deserve maximum compensation after a birth injury, and we work tirelessly to make sure that happens via personal injury claims. The initial consultation is at no charge and has no obligation to the family.

To seek treatment locally for birth injuries:

How Do I Know If I Have A Valid Birth Injury Claim?

If you believe your infant was injured at birth due to medical negligence, you may have a valid birth injury claim against the doctors who provided care during the delivery, as they may have been negligent in their duty to provide a safe and healthy environment for your child. Common birth injuries include Erb's palsy, cerebral palsy, brachial plexus injuries, spinal cord injury, skull fractures, shoulder dystocia, and many other types of birth trauma and birth defects.

The first step is to consult with an experienced birth injury lawyer. They can evaluate the circumstances and help determine if you have grounds to file a claim.

When assessing your legal claim, they will look at:

  • the type of injury sustained
  • how it happened
  • who caused it
  • the long-term potential impact
  • the effect on the quality of life
  • the medical bills associated with it
  • other relevant factors

Who Can Be Held Responsible For A Birth Injury In PA?

No parent ever expects a birth injury to occur during the birthing process. But when one does, it can be devastating for both families involved. In Pennsylvania, the law holds various parties responsible for birth injuries in many different circumstances, including physicians, nurses, the patient's obstetrician, and hospitals.

The first people who can potentially be held accountable for a birth injury are the medical professionals involved in the delivery. Any doctor or nurse that fails to follow standard protocol may be found at fault and liable for related damages to the mothers or infants in their care. Additionally, if any hospital staffer fails to provide proper care, they could also face legal repercussions if mistakes were made due to negligence.

Ultimately, finding out who is responsible for a birth injury requires diligent investigation into all factors that went into its occurrence. Likewise, seeking reimbursement for damages will require working with a qualified legal team familiar with relevant state laws concerning these matters, as well as knowledge about how best to build your case for the ultimate resolution of your grievance.

How Long Do I Have To File A Medical Malpractice Childbirth Injury Claim?

In Pennsylvania, you should file a medical malpractice claim that was due to a childbirth injury as soon as possible. However, since laws can change and vary from case to case and also depend upon certain factors, like the discovery of negligence, it's recommended to seek legal advice if you believe your injury was caused by medical malpractice or negligence. Additionally, if you're unsure about filing for compensation for damages caused by a birth injury in Pennsylvania, be sure to contact an experienced personal injury attorney or medical malpractice lawyer for help navigating your legal options.

The Statute of Limitations on Birth Injury Lawsuits

In Pennsylvania, any claims for medical malpractice related to childbirth injuries must be filed within two years of the date upon which the injury was discovered or reasonably should have been discovered. If you are unsure of when this date is, you can consult with a medical malpractice lawyer who will help you determine the exact timeframe.

Additionally, there may be an extension in certain cases if it can be proven that the deadline prevented a plaintiff from filing suit due to extraordinary circumstances such as catastrophic medical conditions. It is important to contact an experienced medical malpractice attorney immediately after discovering any injury related to childbirth in order to ensure that your legal rights are protected and that you don’t miss the deadline.

How Long Does a Birth Injury Lawsuit Take?

The process of filing a birth injury lawsuit in Pennsylvania is complex and can take a long time to resolve. Generally speaking, the amount of time it takes to resolve a birth injury case will depend on its unique facts and circumstances.

Factors that can impact how long a birth injury lawsuit lasts:

  • whether both parties agree with each other
  • settling out of court vs. going through a trial
  • how quickly evidence is gathered from relevant sources
  • whether additional expert witness testimony needs to be included in proceedings
  • among other elements

What Factors Can Prolong a Birth Injury Lawsuit?

Unfortunately, there are several factors that can make the process even more complicated and lead to even longer delays in reaching a resolution. Here are some of the most common factors that prolong a birth injury lawsuit in PA:

  • Lack of Evidence: Strong evidence is essential for success in any legal case - especially for birth injury cases. Because the circumstance or cause of an injury is often complex or difficult to pinpoint, it’s not always easy to gather enough evidence to prove negligence or wrongdoing occurred. If you don’t have sufficient evidence for your case, you may have difficulty moving forward with your lawsuit.
  • Unclear Timeline: Another factor that can cause delays in birth injury cases is an unclear timeline of events leading up to the child's injuries. Depending on how soon after the incident was discovered (such as by medical records or testimony), it could be difficult to determine when specific actions occurred exactly, which can affect liability issues and complicate matters further.
  • Complexity of Injury: In any legal case, medical professionals will examine the person who was hurt and try to understand exactly what happened medically so that they can draw conclusions about who should pay what amount. But when dealing with complex birth injuries (due to complex birthing procedures such as delivering via C-section), these determinations may take longer than usual and lead to lengthy court proceedings before any settlement agreement is reached.
  • Long Discovery Process: Even after everything else has been done properly in preparing for trial, this does not guarantee there won't be delays during the discovery phase; this is especially true if both parties want ample time to collect even more evidence which could help them better their case before presenting at trial – and that would obviously prolong the amount of time passed until resolution of your court case is achieved.
  • Issues With Expert Witnesses: Any good plaintiff attorney will need expert witnesses involved in a birth injury trial – but finding experts who'll testify on your behalf who meet certain qualifications prescribed by statute could take quite some time - thus dragging out the length of your lawsuit significantly.

How Much is the Average Birth Injury Settlement?

Birth injuries are a traumatic experience for both parents and children. According to the Centers for Disease Control and Prevention, around 7 out of every 1,000 newborns are born in the United States with birth injuries. Unfortunately, it can happen anytime during the labor & delivery process. In Pennsylvania, birth injuries can lead to medical malpractice lawsuits if the injury was caused due to negligence on the part of the doctor or healthcare facility.

Factors that determine a birth injury settlement in PA:

  • severity of injury
  • duration of treatment/care
  • any permanent disability caused by the injury
  • mental anguish and suffering for both the mother and baby due to the injury
  • lost wages for either parent related to caring for an injured or disabled baby (sometimes referred to as “loss of consortium” damages)

The settlement amount of a birth injury lawsuit is one of the most important factors in deciding whether or not to pursue legal action. It's an integral part of the compensation process, and it can be difficult to determine what exactly should be awarded to compensate for a particular injury.

But how are settlement amounts determined in birth injury lawsuits? This guide will discuss the key elements that influence these decisions and provide insight into why some cases might have higher or lower settlement amounts than others.

The Benefits of Hiring an Attorney in a Birth Injury Lawsuit

The process of filing a lawsuit can be overwhelming and complicated. An experienced personal injury attorney that specializes in birth injuries is an invaluable resource who can help navigate the complex legal system. A birth injury lawyer will be able to help you recover from the physical, emotional, and financial hardships that come with having a child born with a birth injury. A birth injury lawyer will take your case on a contingency fee basis, meaning that you do not have to pay anything upfront. Here are some of the benefits of hiring a team of attorneys when you are involved in a birth injury lawsuit:

  • Expert Advice on How to Proceed With Your Case
  • Access to Tried-and-Tested Witnesses
  • Support from Pre-Case Investigations Through Settlement Negotiations
  • Negotiation Skills That Make You More Likely To Receive The Max Compensation
  • Professionalization Of your Case

Contact a PA Birth Injury Lawyer to Learn More About Birth Injury Claims

Birth injuries are on the rise and often involve obstetricians, nurses, and other health care providers. Pennsylvania has a higher infant mortality rate than the national average. Infant mortality in the United States was 5.8 per 1,000 in 2017, compared to 6.1 per 1,000 in the state, according to the PA Department of Health. Unfortunately, many birth injuries are preventable. If you or your partner gave birth to your child and believe medical negligence or medical malpractice caused a birth injury, then call our birth injury law firm today for a free case evaluation by our birth injury litigation team.

Birth injuries are the leading cause of childhood disability and death. While there is no cure for these birth injuries, our birth injury law firm at Justice Guardians has the experience and resources to help you through this difficult time while ensuring clients get fair settlements. We offer legal services on contingency fees, meaning no win, no fee. Call us today for a free case evaluation.

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David Petrone
Date Published: January 19, 2023
David Petrone is a personal injury attorney at Justice Guardians.
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This website is sponsored by Justice Guardians, LLC. We have offices in Pennsylvania with attorneys licensed to practice law in the Commonwealth of Pennsylvania. Use of this site does not form an attorney-client relationship and information herein shall not be construed as legal advice. This website is to be considered as ATTORNEY ADVERTISING. Past settlement and verdict values are no guarantee of similar future outcomes. This firm may retain local counsel for prosecuting cases and while this firm maintains joint responsibility, most cases are referred to other attorneys for principal responsibility.
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