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Scranton Personal Injury Lawyer > Blog > Medical Malpractice > What to Know About Filing a Birth Injury Claim in Northeastern Pennsylvania

What to Know About Filing a Birth Injury Claim in Northeastern Pennsylvania


Having a child is one of the world’s greatest joys. However, that excitement can be cut short if your baby is born with a debilitating birth injury. Birth injuries usually occur during labor, but they can also be caused by negligence during pregnancy. Trauma during the delivery process is one of the leading causes. If your baby was born with a birth injury that you believe was caused by negligence, it’s crucial to speak with an experienced birth injury lawyer.

Are Birth Defects and Birth Injuries the Same?

Birth injuries differ from birth defects. Birth defects are some type of harm that came to your baby before birth. It can be before or during your pregnancy. Birth injuries usually occur during the delivery process and can be prevented, whereas birth defects usually cannot be stopped. Even if your baby’s birth defect is listed as a birth injury, it’s not automatically the result of negligence.

Common Types of Birth Injuries

Some birth injuries appear right after birth, but many others can take years before they become apparent. Some of the more common birth injuries we see include:

  • Spinal cord injuries;
  • Erbs or Kemke Palsy;
  • Shoulder Dystocia;
  • Injuries from forceps and vacuums;
  • Brain injury or cerebral palsy;
  • Brachial plexus injuries;
  • Injuries from improper use of medications;
  • Complications from breech birth;
  • Complications from failure to properly diagnose the problem during pregnancy;
  • Failure to perform a timely Cesarean section; or
  • Death of the mother or child.

What Happens After a Birth Injury?

When your baby is born with a birth injury or a defect, you could be looking at significant costs in the future. These costs are on top of the emotional distress you are feeling and the potential pain your baby is in. Birth injuries often carry a lifetime of financial burden and pain and suffering. If your baby’s injuries were caused by a health care worker or facility’s negligence, they should be held accountable.

Some of the most common costs with a birth injury include:

  • Long-term medical expenses;
  • Attendant care and medical monitoring;
  • Loss of a normal life;
  • Disability and disfigurement;
  • Special educational needs;
  • Loss of future earnings; and
  • Pain and suffering.

In a successful birth injury lawsuit, the negligent parties usually pay out compensation to your injured baby in the form of a trust. In some cases, you may also receive compensation for your losses.

Holding Responsible Parties Accountable in a Northeastern Pennsylvania Birth Injury Case

If your baby’s injuries could’ve been avoided by the health care workers providing better care, then you need a Northeastern Pennsylvania birth injury lawyer to help. Holding these parties responsible is not always easy. Birth injury cases are typically very complicated, which is why you want an attorney with the skills and experience necessary to take on these large medical facilities and doctors. It’s not uncommon for facilities and medical professionals to try and cover up any wrongdoing for fear of their insurance going up and having a malpractice case on their record.

When you are ready to pursue a birth injury claim, our legal team is here to help. For more information on how we can assist, contact Needle Law Firm today to schedule an initial consultation.

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