Birth injuries can be devastating, often leaving lasting physical, emotional, and financial burdens on a family. When medical negligence causes a birth injury, seeking legal action becomes an essential step toward justice. However, litigating a birth injury case is complex and challenging because it requires a deep understanding of medical and legal nuances. Attorneys at Anapol Weiss can help you and your family navigate this process.
What Is a Birth Injury?
A birth injury refers to any harm caused to a baby during labor and delivery. These injuries can occur for many reasons, including complications during labor, delayed or improper medical intervention, or failure to respond appropriately to signs of fetal distress.
Some common birth injuries include:
- Cerebral palsy: A group of disorders affecting a child’s movement and muscle coordination, often caused by brain damage during birth.
- Erb’s palsy: A condition that results from damage to the brachial plexus nerves in the neck and shoulders, typically due to excessive force during delivery.
- Brachial plexus injury: A tear or stretch of the nerves in the shoulder and arm during a difficult birth.
- Fractures: Broken bones, often in the collarbone or clavicle, occurring during a difficult or forceful delivery.
- Hypoxic-ischemic encephalopathy (HIE): Brain damage caused by a lack of oxygen during delivery.
When these injuries result from the negligence of healthcare providers, families may have grounds to file a lawsuit to seek compensation for the harm caused.
The Legal Process of Litigating a Birth Injury Case
1. Consultation with an Experienced Birth Injury Lawyer
The first step in any birth injury case is consulting with a lawyer who specializes in medical malpractice and birth injury cases. Anapol Weiss has decades of experience litigating birth injury cases and will evaluate the facts of your case, assess whether medical negligence occurred, and discuss potential legal options.
2. Investigation and Gathering Evidence
Investigation and gathering evidence includes reviewing your baby’s medical records, interviewing medical staff, and obtaining expert testimony. Experts, such as pediatricians, obstetricians, or other medical professionals, may be needed to confirm that negligence occurred.
3. Expert Testimony
One of the most important parts of litigating a birth injury case is presenting expert testimony. Medical experts will explain how a healthcare provider’s actions were negligent and led to the injury. In some cases, experts will also provide insight into the long-term effects of your child’s injury, including projected costs of medical treatment and future care needs.
4. Negotiation and Settlement
Many birth injury cases are settled before going to trial. In some cases, insurance companies may offer a settlement to avoid the costs and uncertainties of a trial. A settlement can provide your family with compensation quickly, but a settlement offer must be sufficient to cover your child’s long-term medical expenses and other damages. If the settlement offer is inadequate, the case may proceed to trial.
5. Trial
If a fair settlement cannot be reached, the case will go to trial. At trial, both sides will present evidence and make their case to a jury, who will ultimately decide whether the healthcare provider was negligent and what damages should be awarded. In birth injury cases, damages can be significant and include:
- Medical costs: Current and future medical expenses for the child’s care.
- Pain and suffering: Compensation for the physical and emotional pain caused by the injury.
- Lost earning potential: If the child’s injury will affect their ability to work or lead an independent life.
- Other damages: Therapy, home modifications, and other expenses related to the child’s long-term care.
The Importance of Legal Action
While no amount of compensation can undo the harm caused by a birth injury, legal action can provide your family with the resources you need to care for your child and hold negligent medical providers accountable.
Birth injury cases can also bring attention to medical errors that can prevent future harm to other families. If you suspect that a birth injury was the result of a healthcare provider’s error, it is crucial to consult with a skilled birth injury lawyer who can help guide you through the legal process.
Contact Anapol Weiss to File a Birth Injury Claim in Philadelphia
If your child sustained a birth injury, you don't have to navigate this uncharted territory alone—Anapol Weiss is here to help. Contact us today at 215-608-9645 to speak with a member of our team and learn more about your options for compensation.
We represent clients in Philadelphia, Bryn Mawr, West Chester, Darby, and throughout the state of Pennsylvania.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
