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Valuing Birth Injury Claims in Pennsylvania

Birth injuries are defined as those that take place during the birth and delivery process.  Birth defects are usually formed during pregnancy, before the baby is born.  If an individual or hospital’s negligence resulted in your child’s pain and impairment, you may be entitled to compensation that will help ease the financial burdens associated with the birth injury or defect. Costs often associated with birth injuries include loss of a normal life, long-term medical costs, loss of future earnings, and medical monitoring.

Negligence regarding birth injuries and birth defects can take place when a nurse, surgeon, OB-GYN, or other health care professional fails to take necessary precautions. This unreasonable conduct may result in a medical malpractice claim if the patient suffers harm. In some cases, there may be joint liability among several parties, as set forth under Pennsylvania law, Title 42, section 7102.

Common malpractice claims concerning birth injuries include shoulder dystocia, spinal cord injury, cerebral palsy, and brain damage, among other problems.  Additionally, a mother can suffer catastrophic injuries both during and after childbirth, including seizures, hemorrhaging, and infections from lacking postoperative care.

Proving responsibility in a birth defect or birth injury lawsuit involves determining the specific cause of the injury or defect. Trained professionals such as medical experts and physicians can help assess the facts of your case.  If liability can be established, it will be necessary to assess damages.

Successful claims against health care professionals or entities responsible for harm can result in settlement awards that assist with past medical expenses as well as anticipated future expenses. Medical costs can include hospitalization, medication, physical therapy, and intensive care. Additionally, the costs of a life care plan for birth injuries can be extremely high.

Babies suffering from severe mental or cognitive impairments will often require professional in-home care.  As children, often babies born with defects or injuries face special educational needs.  Families must consider the accessibility of their house and may need to remodel parts of their home to accommodate a wheelchair. When negotiating a settlement agreement or calculating an award, these types of costs should be considered.

Settlements should also factor in future wage loss and earnings impairment. Children with severe physical and mental impairments may have a lower earning capacity as they reach adulthood, if they are capable of working at all.

Finally, the emotional consequences of a birth defect or birth injury cannot be easily quantified.  Psychological distress and pain and suffering often lead to both victims and parents struggling with depression or anxiety.  Counseling and treatment through prescription drugs can help.  It is possible to receive compensation for physical and emotional pain resulting from a birth injury.

The team of Pennsylvania birth injury lawyers at Needle Law can help protect your right to compensation following a devastating birth injury or preventable birth defect.  Contact our office for a free consultation by calling 570-344-1266 or completing our online form.

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