The delivery room in every medical facility is a venue where expectant mothers and fathers bear great optimism and hope – the beginning of a new life. Every successful delivery is a joyful moment to the parents and medical team as a whole. However, the delivery process may be marred by unexpected difficulties which when incompetently managed may put the infant and mother at risk.
Birth injuries can lead to permanent disability or wrongful death; both of which are emotionally devastating to the affected families. The causes of the birth injury may be due to medical malpractice or inappropriate prenatal care. Many different people may be responsible for birth injuries; medical facility personnel and midwives.
Because of the diversified causes of birth injury, there exist some cases whereby your nurse, physician or midwife may not be held liable for any birth injuries. It is therefore very important that you seek the services of an experience Philadelphia birth injury attorney to help you out. Cohen, Placitella and Roth, a distinguished and reputable law firm in Philadelphia, attest this further citing the importance of an attorney in the assessment of your case to determine the next steps to take.
Birth injuries due to Medical Malpractice
These are the types of injuries which occur when your physician fails to adequately and promptly assess and respond to conditions before, during and after your delivery. They are classified into two groups;
a) Mechanical injuries.
These result from physical forces done to the body of the infant, mostly the skull, for example, pushing and pulling during the process of delivery.
Common injuries categorized as mechanical injuries include brachial plexus injuries and brain trauma.
b) Anoxic injuries
These are injuries that are a result of the infant’s deprivation of oxygen during delivery. Examples of injuries in this category include brain damage, blindness, and cerebral palsy
Birth Injuries due to Inappropriate Prenatal Care
These are injuries which result from some of the following failures;
- Failure to recognize and prevent an expectant mother’s risk for premature birth
- Failure to diagnose maternal infections transmittable to the infant, and treating them
- Failure to recognize the pregnancy’s abnormal position
Filing for a Birth Injury Lawsuit
The Statute of limitation under Pennsylvania Law gives you two years, starting from the date of the injury, to file a lawsuit. The types of compensatory damages you can get from filing a birth injury lawsuit include:
- Economic damages– compensation for specific losses such as medical bills, and rehabilitative treatments.
- Non-economic damages – compensation for subjective losses like loss of enjoyment of life
It is fundamental to find an attorney to help you in the filing of a birth injury lawsuit. The attorney will assemble all relevant and pertinent information concerning the injuries. This includes witness statements, all medical records, and all documents. It is therefore very important that you keep copies of these, even after the lawsuit has started.
It is also important that you watch what you say and accept, especially when the hospital staff has been acknowledged as the guilty parties. The hospital representatives and insurers may approach you with an offer, in an effort to avoid public legal battle which may taint the institution’s image. Before speaking to anyone about the birth injury matter, you should consult with your attorney.
As a parent, your child’s needs are your number one priority. In the event that your child is a victim of birth injury, you need to find an attorney who understands precisely what your child needs. The attorney should also be able to work round the clock fervently to ensure that your child gets everything they deserve.