Philadelphia Birth Injury Lawyer

HELPING PARENTS AND VICTIMS OF BIRTH INJURIES

Get The Compensation They Deserve

Injuries to a baby during gestation or delivery can cause huge trauma to both the infant and its family and the pain inflicted can be long-lasting. These types of injuries can range from inadequate prenatal care for the mother to a physical injury during the birthing process, and more. Typically, injuries sustained before and during birth will need to be monitored and treated for years to come, causing additional suffering and costing the family significantly more money.

The Thistle Law Firm is experienced in bringing birth trauma and injury lawsuits in Philadelphia.  This includes achieving a significant high low settlement agreement after finishing closing arguments in a trial for misdiagnosis of PDA at birth (Patent Ductus Arteriosus; when the ductus arteriosus blood vessel around the lung does not close like it should soon after birth).

How Would I Know If I or My Child Experienced a Birth Trauma or Injury?

Birth trauma and injuries fall under the category of medical negligence. Birth trauma or injury can occur as a direct result of the doctor’s actions, or as a result of other factors such as miscommunication, doctor fatigue, incorrect medications given to the mother, or inadequate procedures. A birth injury is not always obvious. Sometimes, birth injuries are not noticeable until developmental delays or disabilities present themselves. If your child either immediately showed signs of injury after birth or is now facing challenges during early development, and you feel that you may have fallen victim to a negligent birth injury, we can help you figure out if you have a case.

What Do I Need To Have A Birth Trauma or Injury Case in Philadelphia?

Doctors are expected to meet accepted standards of care, as compared to competent practitioners in the same area of practice under similar circumstances. Negligence occurs when doctors or hospital staff fail to meet those standards. In your birth trauma or injury case, you must show that “a reasonable degree of medical certainty” exists that the standard of care was breached, directly causing the harm. If you and your child experienced birth trauma or injury and can demonstrate:

• That the doctor or medical team had a legal duty to you and your child, the patients, to an accepted standard of care
• That the doctor or medical team did not meet that standard of care
• That the actions or inactions of the doctor or medical team directly caused your child’s injury or illness,
• That your child has pain and suffering and/or you have experienced economic losses as a result of this trauma or injury.
• You likely have a birth trauma or injury suit on your hands.

Often, in cases like these, the question of whether or not your child has experienced a birth injury vs. a birth defect will be presented. This is a big distinction–you must make the case that the child was otherwise healthy and not genetically predisposed to certain illnesses or disabilities prior to labor, and that the injuries or disabilities that your child is experiencing were caused both during the labor and delivery process and directly by the doctor or medical team.

What Could Be Considered Birth Trauma or Injury?

Birth trauma or injury could include (but is not limited to):

1. Anoxia/Hypoxia (lack of oxygen during delivery)
2. Facial Paralysis/Bell’s Palsy (sometimes caused by the forceps used during delivery)
3. Broken bones/fractures
4. Anesthesiology errors

There have been a few recent lawsuits in the Philadelphia area involving birth trauma or injury. In one such case, a set of twins were born, the second of whom was in the “footling breech” position, meaning that her feet would be delivered first. Doctors at Delaware County Memorial Hospital failed to take proper precautions and protect the baby’s head and neck during such a delivery, which is considered high-risk, and neglected to opt for a C-section instead. The child suffered a spinal cord injury as a result of the delivery, and is now unable to stand independently or feed herself. The family was awarded $40 million for damages in this case.

What Should I Do If I Think My Child Has Experienced A Birth Trauma or Injury?

Wrong-site, wrong-side, and wrong-patient surgeries are strangely common errors, and are a clear case of doctor or hospital malpractice. All of these types of cases require significant amounts of evidence, medical expertise, and can be tedious and costly, but with the right legal team, you can get the compensation you deserve. The attorneys at Thistle Law have decades of experience in Philadelphia surgical malpractice lawsuits. If you think you have a surgical malpractice lawsuit on your hands, give us a call at 215-568-6800 or fill out our contact form for a free consultation