If your child has just been diagnosed with a birth injury, you may be experiencing a flood of emotions—fear, confusion, anger, and overwhelming concern for your baby's future. The joy you anticipated at your child's arrival has been overshadowed by worry about their health and what lies ahead. You are not alone, and your feelings are valid.
Birth injuries affect approximately seven out of every 1,000 births. While some result from unavoidable complications, others occur because of medical negligence—when a healthcare provider fails to meet the standard of care your family deserved. Right now, your priority is your child's health and getting answers. As you navigate medical appointments and treatments, you may also wonder whether someone's mistakes caused your child's injury. If medical negligence played a role, your family has legal options.
A birth injury lawsuit can hold negligent healthcare providers accountable and build a case to seek the financial resources your child may need. A compassionate injury attorney at Pribanic & Pribanic can help you understand the next steps. They have experience with these cases and can guide you and your family through this challenging process. The best step that your family can take is to contact a Pittsburgh birth injury lawyer as soon as possible to learn whether you can file a lawsuit.
Key Takeaways About Birth Injury Lawsuits
- Birth injuries can occur because a medical professional has failed to uphold the duty of care that they owed to your child.
- Birth injuries can leave your child with lasting effects, and they may require extensive care over the course of their lifetime.
- It may be possible for your family to file a birth injury lawsuit if the medical professional was negligent. Still, you need evidence that shows what happened and why it departed from their duty of care.
- Birth injury lawsuits can result in substantial financial compensation, which may even include punitive damages.
- Schedule a free initial consultation with a birth injury lawyer to learn more about your legal rights.
Common Birth Injuries
Here are some common birth injuries that your child has suffered that may form the basis for a lawsuit.
Brachial Plexus Injuries
Brachial plexus birth injuries occur when damage to the network of nerves that controls the arm and hand, known as the brachial plexus, happens during delivery. These injuries are often associated with shoulder dystocia, a complication where the baby’s shoulder becomes stuck during birth, placing excessive traction on the nerves.
The severity of a brachial plexus injury can vary. Mild cases, such as neuropraxia, may cause temporary weakness or limited movement in the affected arm and often resolve within a few months. More severe injuries, like ruptures or avulsions of the nerves, can result in permanent disability, including partial or complete loss of arm function. In some cases, multiple surgeries and prolonged physical therapy may be necessary to enhance mobility and strength.
Brachial plexus injuries are often preventable and can result from medical negligence, including excessive force during delivery, improper use of forceps or vacuum extractors, or failure to recognize and respond to complications. Early diagnosis and treatment are critical to improving outcomes, but children with severe injuries may face lifelong challenges.
Cerebral Palsy
Cerebral palsy (CP) is one of the most serious and well-known birth injuries, affecting movement, muscle tone, and coordination. It occurs when a child’s brain is damaged either before, during, or shortly after birth. While some cases of cerebral palsy result from genetic factors or prenatal conditions, a significant number are caused by medical negligence during labor and delivery, making it a potential basis for a birth injury lawsuit.
Common causes of cerebral palsy as a birth injury include oxygen deprivation (hypoxia), trauma during delivery, improper use of delivery tools like forceps or vacuum extractors, and failure to respond to signs of fetal distress. Oxygen deprivation, in particular, can occur if there is prolonged labor, if the umbilical cord is compressed or prolapsed, or if there is a delay in necessary interventions such as an emergency C-section. The resulting brain injury can lead to permanent physical disabilities, including spasticity, tremors, difficulty walking, and impaired fine motor skills.
Children with cerebral palsy often require extensive medical care, physical and occupational therapy, and sometimes surgical interventions. The lifelong nature of the condition means families face substantial financial and emotional burdens.
Hypoxic-Ischemic Encephalopathy
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury that deprives a newborn’s brain of sufficient oxygen and blood flow around the time of birth. This oxygen deprivation can result in permanent brain damage, affecting motor skills, cognitive development, and overall neurological function. HIE is often linked to complications during labor and delivery, making it a potential case of medical negligence if there was not proper care.
Common causes of HIE include umbilical cord problems, such as compression or prolapse, placental abruption, prolonged or obstructed labor, or failure to respond to signs of fetal distress. When medical professionals fail to monitor the baby’s condition, delay emergency interventions like a cesarean section, or improperly use delivery tools, the risk of HIE increases significantly.
The severity of HIE can range from mild, with only temporary symptoms, to severe, resulting in conditions like cerebral palsy, developmental delays, or permanent cognitive impairments. Early diagnosis and treatment are critical and may include cooling therapy (therapeutic hypothermia), specialized neonatal care, and long-term rehabilitation.
Nerve-Related Birth Injuries
Nerve-related birth injuries occur when there is damage to the nerves controlling movement, sensation, or function during labor or delivery. These injuries can range from minor, temporary nerve bruises to severe, permanent nerve damage, often resulting from excessive force, improper delivery techniques, or failure to respond to complications.
One of the most common nerve-related birth injuries is a brachial plexus injury, which affects the network of nerves controlling the shoulder, arm, and hand. Other nerve-related injuries can involve facial nerves due to pressure or trauma during delivery, leading to facial weakness or paralysis. Spinal or peripheral nerve injuries can also occur from the use of forceps, vacuum extractors, or improper handling during cesarean or vaginal delivery.
Nerve-related birth injuries often require extensive medical care, including physical therapy, occupational therapy, and sometimes surgery to restore function. While some injuries may heal over time, severe cases can result in lifelong disability and limitations.
Birth Asphyxia
Birth asphyxia is a serious condition that occurs when a newborn is deprived of adequate oxygen before, during, or immediately after birth. Oxygen is essential for the baby’s brain and organs, and a lack of oxygen can lead to severe complications, including permanent brain damage, developmental delays, and conditions such as cerebral palsy.
Several factors can contribute to birth asphyxia. These include umbilical cord complications (such as cord prolapse or compression), placental abruption, prolonged labor, maternal health issues, or failure to respond promptly to fetal distress. In many cases, birth asphyxia is preventable, and it may result from medical negligence if healthcare providers fail to monitor the baby’s condition, delay necessary interventions like a C-section, or mishandle labor complications.
Symptoms of birth asphyxia may be immediately apparent after birth, including poor muscle tone, abnormal breathing, low heart rate, or lack of responsiveness. Treatment often requires immediate medical attention, such as resuscitation, oxygen therapy, and specialized neonatal care, and long-term therapies may be needed to address developmental or physical impairments.
Birth Injury Lawsuits for Medical Malpractice
Medical malpractice lawsuits for birth injuries are legal actions that families file when a child experiences harm during labor or delivery due to the negligence of a healthcare provider. These lawsuits can hold medical professionals accountable for failing to provide the standard of care, while also providing families with compensation for the extensive medical, emotional, and financial burdens caused by the injury.
Birth injuries can result from a wide range of negligent acts, including misdiagnosis, delayed interventions, improper use of delivery tools like forceps or vacuum extractors, medication errors, or failure to respond to signs of fetal distress. Common injuries that may form the basis of a malpractice claim include cerebral palsy, brachial plexus injuries, hypoxic-ischemic encephalopathy (HIE), and other nerve or brain injuries.
To succeed in a medical malpractice birth injury lawsuit, parents must generally prove four key elements: the healthcare provider owed a duty of care, the provider breached that duty, the breach directly caused the injury, and the injury resulted in measurable damages. Expert medical testimony is often necessary to establish the standard of care and demonstrate how the healthcare provider failed to meet it.
Compensation for Birth Injuries in a Lawsuit
Financial compensation in birth injury lawsuits can help families cover the lifelong costs associated with a child’s injury. Birth injuries can result in extensive medical care, therapy, adaptive equipment, and specialized education, placing a significant financial burden on parents. Compensation aims to ensure the child receives the care and support necessary for their well-being and development.
In a typical birth injury case, families may recover economic damages, which include tangible financial losses. These can cover medical expenses already incurred and projected future costs, such as surgeries, physical therapy, occupational therapy, medications, and long-term care. Economic damages may also account for lost income or benefits if a parent must reduce work hours or leave employment to care for the injured child. These damages can include funeral expenses in cases where the injury leads to death.
Non-economic damages address the emotional and psychological impact of the injury. They can compensate for pain and suffering, emotional distress, loss of companionship, and diminished quality of life for both the child and the family. In some cases, families may be entitled to punitive damages if the healthcare provider’s conduct was especially reckless or egregious.
How a Birth Injury Lawyer Can Help Your Family
A birth injury lawyer can provide critical support to families dealing with the devastating consequences of a child’s birth injury. These attorneys have experience in medical malpractice and birth injury cases, helping parents deal with the complex legal and medical issues. Their guidance ensures that families can pursue justice while securing the resources necessary to care for their child.
One of the key ways a birth injury lawyer helps is by investigating the circumstances surrounding the injury. They can obtain and review medical records, identify potential errors, and consult with medical experts to determine whether negligence occurred. Expert testimony is often essential in establishing that the injury was preventable and that a healthcare provider’s actions contributed to its occurrence.
Birth injury lawyers also assist in calculating damages and documenting costs. They help families account for current and future medical expenses, rehabilitation, therapy, adaptive equipment, and special education needs. These lawyers also consider non-economic losses, such as emotional distress, pain and suffering, and loss of companionship, when pursuing compensation.
In addition, a lawyer can handle communications and negotiations with insurance companies and medical providers, ensuring that they do not pressure families into unfair settlements. They also guide families through the legal process, including filing claims, meeting deadlines, and representing them in court if necessary.
Frequently Asked Questions About Birth Injury Lawsuits
Who can file a birth injury claim in Pennsylvania?
Typically, parents or legal guardians of the injured child can file a claim. When the injury results in death, eligible family members may also pursue a wrongful death claim.
How can I determine if medical negligence was the cause of the injury?
Indicators may include delayed interventions, misdiagnosis, failure to monitor fetal distress, improper use of delivery instruments, or medication errors. Medical experts can review records to determine if negligence occurred.
What is the statute of limitations?
In Pennsylvania, the statute of limitations for birth injury claims is generally two years from the discovery of the injury. However, for minors, the two-year period does not begin until the child turns 18, giving them until their 20th birthday to file a lawsuit.
A Birth Injury Lawyer Is Standing By
By combining legal skill with knowledge of medical standards, a birth injury lawyer helps families hold negligent parties accountable, obtain financial compensation for long-term care, and secure a better future for their child.
Consulting an experienced Pittsburgh personal injury attorney early is essential to protect both legal rights and the child’s ongoing needs. Speak to the birth injury lawyers at Pribanic & Pribanic for a free consultation by calling us today at (412) 672-5444.