Few events in life are as joyful as the birth of a new child. However, for 5 out of every 1,000 children born, that joy is diminished by a debilitating birth injury, and another 7 suffer from some form of birth defect. Birth injuries differ from birth defects in that birth injuries typically take place during the birth and delivery process, while birth defects are some form of harm that came to the baby prior to birth, usually before or during pregnancy.
We in Northeastern Pennsylvania are lucky to be served by a great many fine hospitals, doctors, and other healthcare providers who usually do their very best to ensure that you and your baby receive state-of-the-art care, reducing the risk of birth injuries and birth defects. And the sad truth is that birth complications can sometimes arise and some birth injuries and birth defects are unavoidable, even with the finest medical care. But there are many other birth injuries and birth defects that could have been avoided if healthcare workers had done their jobs more carefully. Such negligence can result in problems like:
- brachial plexus injuries
- shoulder dystocia
- spinal cord injury
- complications from a breach birth or failure to perform a timely Cesarean section
- injuries caused by the use of vacuums and forceps
- injuries and defects caused by improper use of medications
- complications because of a failure to diagnose a problem during pregnancy
- cerebral palsy or brain damage
- Erbs or Kempke palsy
- death of the child or the mother
When birth injuries and birth defects happen, their results can be costly. In addition to the obvious pain, suffering, and emotional distress to both the baby and the parents, there is a lifetime of financial burdens that come along with a birth injury or birth defect. If these costs are the fault of a healthcare worker or facility that failed to meet the generally accepted standard of care, then the person or institution at fault is responsible for compensating the injured child and family for these expenses. The burdens involved may include
- long-term medical expenses
- disability and disfigurement
- loss of a normal life
- loss of future earnings
- special educational needs
- medical monitoring and attendant care
- pain and suffering
In a birth injury lawsuit, this compensation is usually paid out to the injured child, often in the form of a trust; additional compensation may also be made to the child’s family for the losses they have suffered.
If harm to your baby could have been avoided by better care, then the rights of your baby and your family need to be safeguarded, and that’s where your birth injury lawyer can help. Getting the compensation you need to get on with your life as a family, however, will require proving responsibility for the birth defect or birth injury, and that is no easy matter. Physicians, nurses, hospitals, and pharmaceutical companies will often cover up the malpractice in order to protect their assets, and the specific cause of many birth injuries and defects can be difficult to determine: some are the result of medical malpractice; some are natural complications that cannot be avoided even with the best medical care; and some are the result of the mother’s actions, like alcohol or drug use during pregnancy. Determining responsibility for birth injuries and defects is very complicated and will require trained professionals—like physicians, nurses, and midwives—to get at the facts. Your legal team at Needle Law P.C. Law Firm will draw on these experts to cut through any cover-up that may have taken place and prove responsibility when medical malpractice has resulted in life-changing harm to your child and your family.We’re Here for You
The Needle Law P.C. Law Firm is a plaintiff’s attorney, meaning that we have never represented an insurance company—and never will. Our team of experienced medial malpractice lawyers will dedicate their knowledge and experience to getting you the compensation you need to move forward with your lives in the wake of a devastating birth injury or preventable birth defect. If your child was injured at birth or suffered a birth defect, or if child or mother died in childbirth, contact us immediately. We’re here to help.