Being pregnant should be a time of joy, but when things don’t go as it should during birth and delivery, a joyless time can become a difficult and frightening one. If your baby is born injured, you may ask yourself if the injury was an inevitable part of birth or preventable. In certain instances, inappropriate care and treatment by physicians can be a factor in resulting in severe injuries.

Families in such situations may be able to take advantage of the help of Philadelphia Birth Injury Lawyers if they wish to investigate what went on or determine whether medical malpractice may have been a significant factor in the birth injury. Recognizing what to look for and what to know as parents to their child’s future can be beneficial.

When Do Parents Consider a Birth Injury Claim?

In all, not all birth injuries are necessarily due to malpractice. Discomforts at birth can occur even with the best treatment and care from doctors and nurses. There are some situations that may lead to concerns being raised that a healthcare provider didn’t respond well, though.

A medical team, for instance, might not pick up on signs of distress in a baby, might not order an emergency delivery, might not administer the proper medication, or wrongly handle the delivery instruments. If complications occur to mother or baby that are not recognized and treated, this too may warrant further investigation.

There is no need for parents to make a decision for themselves on their own about whether negligence took place. Medical personnel will be able to tell you if the standard of care was maintained by reading medical records and consulting with qualified medical professionals.

Fetal monitoring equipment tracking a baby’s heart rate during labor

Birth Injuries That Can Have Lasting Consequences

The repercussions of a bad birth injury can be long-term. A treatment program that combines physical, occupational, speech, medicine and other specific medical care may be necessary for some children for several years.

There can be potential injuries to our body, such as cerebral palsy, brain injuries may result from a lack of oxygen, Erb’s palsy, nerve damage, fractures and other neurological or physical injuries. Some children may be more seriously and differently impacted than others.

It’s important to keep in mind that when determining if a child has a legal claim for the future needs should be taken into consideration. If a child is a continuing care case, there can be substantial expenses for them during childhood and into their adult life.

In Depth Investigation of What Happened During the Delivery

In cases of a child’s birth injury, it is important to discuss in detail the events which occurred during the mother’s pregnancy, childbirth, and the care received by the infant after birth. Medical records can be an important source of information regarding fetal heart-rate monitoring, medicines, tests, decisions, and baby’s condition as soon as he arrives.

A lawyer can consult with medical professionals to ascertain if the medical team was correct in their actions given the situation. Besides, an expert analysis can be vital in circumstances where the case is complicated and has to do with worrying medical selections and various explanations of how an injury occurred.

Medical reports, hospital records, therapy records, treatment bills, and any other documentation pertaining to the medical condition of their child should be kept by parents. These teachings can be useful to help build a sense of “what” and “how” occurred.

Medical records being reviewed during a legal consultation

Being Aware of Financial Footing is Important

Having to care for a child who suffered a substantial birth injury can pose financial problems which span many years. Regular medical visits and/or rehabilitation can be part of a family’s routine, as specialized equipment and/or support.

A birth injury claim can be filed for loss, medical costs, rehabilitation, future medical costs, assistive equipment and other losses, depending on the circumstances and applicable law. A claim could also cover some non-economic damages that may be allowed under the law.

You need to consider more than what your bill is actually costing you at this time. When determining the child’s long term needs, future medical, therapy, education, and assistance might be covered.

Effective Legal Counseling and Guidance at an Early Stage is Helpful

Families are often reluctant to take the action of filing a lawsuit due to limited knowledge of what actually caused the injury of their child. But the long wait will make it more challenging to gather the facts about how it was delivered.

In Pennsylvania, medical malpractice claims have procedural rules and have strict deadlines. Injury to a child in an accident may also entail special considerations regarding deadlines, so it’s important to know which may apply to the child versus the parents as well.

No important deadlines will come into play until a family has consulted with an attorney who can examine the circumstances and provide them with an idea of what the applicable requirements are, as well as what their options are.

Frequently Asked Questions

Are All Birth Injury Medical Malpractice?

No. A young child might suffer a birth injury even when the proper measures are taken. For claims to be considered malpractice, they must contain evidence the healthcare worker fell short of the standard of care and that the negligence was a cause of the injury.

What do I do after I find out my child may suffer birth injuries?

Parents should get and keep the necessary medical documentation and have the incident looked at by an experienced birth injury lawyer. The study of medical records may be especially crucial to help understand what took place during delivery.

Can a birth injury require long term compensation?

Potentially. If the injury causes ongoing medical, therapeutic, educational or personal care requirements, those will be a factor in the damages you may claim in a lawsuit.

Conclusion 

A birth injury can bring parents a variety of medical challenges as they work on planning for their child’s future. Careful consideration of the medical evidence and delivery circumstances need to be done to determine if there is the presence of negligence that contributed to the injury. Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. can review the situation of a possible birth injury case with a family and provide them information about the legal options for them.