In the United States, nearly seven births for every 1,000 result in injury. These injuries frequently leave the child with a lifelong disability. Devastating results such as cerebral palsy, nerve damage, brain damage, stunted growth, or death can occur. Legal action can be taken when a baby is injured during the birthing process or prior to birth due to carelessness, neglect or an intentional act by a medical professional or healthcare provider. When such an injury occurs, and does not rise to the level of criminal offense, there is basis for a lawsuit.
Many of these birth injuries are often caused by preventable medical malpractice, such as negligence on the part of the doctor or healthcare provider. Liability for an injury falls to the party that is responsible for causing the injury. The individual that is deemed liable, can be made to pay financial compensation to the injured person for damages. In the case of a baby, compensation can be sought that will include both past and future medical expenses, can include a sum for pain and suffering, an additional amount for disability and disfigurement that has been incurred, as well as remuneration for reduced quality of life and loss of future earnings.
Some of the most common birth injuries include:
Brain damage caused at the time of birth by a restricted flow of oxygen to the brain during or after delivery. Cerebral Palsy is permanent. Speech, learning abilities and motor-skills are usually negatively affected.
A paralysis of the arm caused by injury to the arm’s nerves surrounding the shoulder, usually resulting in surgery.
A tear in the wall of the uterus, most often at the site of a previous C-section incision. Results can often be life threatening.
Brain damage caused by oxygen deprivation. HIE can be fatal. Brain cells can begin dying after four minutes without oxygen.
Injuries suffered at time of birth can be severe, with ongoing effects for both the child and the family. Our team fully understands the challenges that you are facing, both immediately and in the longer term. We know that there are bills to be paid, insurance companies to deal with and most importantly the healing process that needs to get underway. Our experienced team of legal professionals are ready to come alongside you and your family, to help you see all your needs met. We will work on your behalf to make sure that your child gets the treatment he or she deserves, and that your insurance company fulfills their obligation of paying for these and future treatments that relate to your child’s injury.
In many cases, filing a lawsuit is the only justifiable recourse. The birth injury attorneys at Lichtman & Associates handle cases throughout the entire state of Pennsylvania, with offices located in Allentown, Philadelphia, Harrisburg, State College, Scranton, and Pittsburgh. Cases are handled on a contingency basis, meaning you will not pay unless you are financially compensated.
If you or your baby has suffered a birth injury, contact a birth injury lawyer at Lichtman & Associates.