While many births result in the parents taking home a healthy baby, some births unfortunately result in complications or injury. This can be the result of things going wrong during the labor and delivery process or failures in prenatal care.
When this happens, it’s important to determine if medical negligence played a role in causing the birth injury. If it did, then the doctor, hospital, and other care providers may be responsible for the resulting losses.
At Morris Wilson Knepp Jacquette, P.C., we have represented many clients whose families have been impacted by birth injuries. We are prepared to help you secure the resources necessary to ensure your child receives the care they need and your family is compensated for the resulting challenges.
To find out more about how our Philadelphia medical malpractice attorney can fight for you if your child was injured or killed due to medical malpractice, give us a call or contact us online today to schedule your free consultation with a Philadelphia birth injury attorney.
Why Choose Morris Wilson Knepp Jacquette for Your Philadelphia Birth Injury Claim?
At Morris Wilson Knepp Jacquette, P.C., we believe that no parent should have to deal with the emotional and financial impact of a preventable birth injury. Our team is here to help you hold negligent providers accountable for the harm they caused to your child.
Families across Philadelphia, Pennsylvania, trust our medical malpractice lawyers because:
- We have decades of experience handling complex med mal and birth injury cases.
- Our firm has recovered more than $75 million in verdicts and settlements for injured clients.
- We collaborate with leading medical experts to show how a medical provider failed to provide the proper standard of care.
- We provide personalized representation, where your calls, questions, and communications are always answered.
- We work on a contingency fee basis; you pay nothing unless we win your case.
Our goal is to pursue the compensation your child needs to live the fullest life possible. Call us today to schedule a free case review with a Philadelphia birth injury attorney.
How Can A Philadelphia Birth Injury Lawyer Help You?
At Morris Wilson Knepp Jacquette, P.C., we have represented many families harmed by birth injuries, and we provide full-service representation from day one. The steps that we take to help you include:
- Obtaining medical records and witness testimony to determine how your birth injury occurred.
- Identifying the defendants who could be liable for the malpractice that caused the birth injury, such as your prenatal care provider, midwives, doctors, or nurses who provided substandard care during labor and delivery, and the hospitals that employ negligent providers or that have insufficient policies in place to protect mothers and their babies
- Taking legal action within the statute of limitations for pursuing a medical malpractice claim
- Getting a certificate of merit, which is required within 60 days of filing a medical malpractice lawsuit. This is a signed statement from a licensed medical professional who has carefully reviewed the evidence and who believes there’s a reasonable probability that the care provided by the defendants injured the plaintiffs because it fell short of the professional standard of care
- Proving medical negligence and the extent of damages, including demonstrating the costs of ongoing care for the injured infant and the extent of the disruption to the normal development of the child and the lives of parents, siblings, and other surviving family members
- Negotiating with medical malpractice insurers to try to resolve the claim in an out-of-court settlement to recover fair and full compensation as quickly as possible
- Going to court when needed to prove the losses from the birth injury and to help victims get justice
Birth injury cases often involve substantial compensation because a child’s medical needs can be extensive and, depending on the severity of the injury, may continue for a lifetime.
At Morris Wilson Knepp Jacquette, P.C., we have recovered millions in out-of-court settlements and in court verdicts, and we bring decades of legal experience to your Philadelphia Erbs Palsy case to maximize your chances of fair compensation.
How Do Birth Injuries Happen in Philadelphia?
Birth injuries occur for many reasons, including:
- Failed attempts to move or reposition the baby during labor or delivery
- Improper and unsafe use of assistive devices, such as vacuum extraction delivery, forceps, or C-section
- Failure to properly monitor the mother and baby
- Prolonged labor or delayed delivery
- Improper prenatal care
- Failure to diagnose or treat fetal complications
In any situation when a child is injured before, during, or immediately after the birthing process, it will be important to determine if the medical care provider’s negligence played a role.
Providers have a duty to offer reasonably professional care to mothers and babies, and if they fall short in this obligation and cause harm as a result, parents and children can pursue a damage claim. At Morris Wilson Knepp Jacquette, P.C., our Philadelphia hospital malpractice lawyer can help you evaluate if you have a case and can assist in gathering the appropriate evidence if you do.
Common Types Of Birth Injuries
The Cleveland Clinic has identified both common and rare birth injuries that can affect infants. These include:
- Broken collarbones (clavicles)
- Caput succedaneum or swelling of the scalp
- Cephalohematoma or pooling of blood under the scalp
- Erb’s palsy (paralysis or weakness in the arm due to injury to the brachial plexus)
- Swelling of the eyelid
- Subcutaneous fat necrosis
- Paralysis of the facial nerve
- Fractured humerus (upper arm bone)
- Fractured upper leg bone (femur)
- Intracranial hemorrhage (bleeding in the brain)
- Face or scalp lacerations
- Nose injuries, including a deviated septum
- Eye injuries, including retinal or subconjunctival hemorrhages
- Fractured skull
- Epidermal or subarachnoid bleeding
- Hypoxic-ischemic encephalopathy (brain damage due to insufficient oxygen)
- Fractured ribs
- Damage to internal organs, including the spleen and liver
- Spinal cord injuries
- Subgaleal hemorrhage
In some cases, infants can fully recover from these injuries with the right medical care. In other circumstances, the injuries are permanent or sometimes fatal.
At Morris Wilson Knepp Jacquette, P.C., we have represented clients whose infants faced all of these different injury types, and we can put our legal experience to work to help babies and their families afflicted with these conditions to fight for justice.
What Compensation is Available in a Philadelphia Birth Injury Claim?
A successful birth injury claim can provide compensation for your child and the family’s economic and non-economic damages. Together, these should address all financial and personal losses caused by the birth injury.
Your injury award may include money for:
- Medical expenses
- Costs of in-home care or special education
- Lost earning capacity if the child is permanently disabled
- Pain and suffering, both physical and emotional
- Loss of quality of life
- Emotional distress experienced by the family
If a birth injury resulted in the tragic death of your child, wrongful death damages may also be available. At Morris Wilson Knepp Jacquette, we work closely with financial and medical experts to fully assess and document your damages so nothing is left on the table.
How Does a Birth Injury Lawyer Prove Negligence to Win Your Case in Philadelphia?
To succeed in a birth injury lawsuit, your attorney must prove that medical providers failed to meet the accepted standard of care during pregnancy, labor, delivery, or immediate postnatal care. Additionally, your legal team must show that this deviation caused your child’s birth injury and the extent of the damages you’ve suffered.
Your legal team will gather many types of evidence to establish that a medical provider was negligent. They will:
- Review detailed medical records
- Consult with obstetric and neonatal experts to strengthen your case
- Identify deviations from standard medical practices during prenatal, labor, and postnatal care.
- Demonstrate causation between the medical error and the injury
- Calculate damages to reflect the long-term impact of the injury
Your attorney will identify the best strategies to maximize the value of your case and ensure that medical providers don’t devalue your child’s injuries. Contact Morris Wilson Knepp Jacquette, P.C. today for a free consultation with a Philadelphia medical malpractice lawyer to learn more about your rights.
How Long Do I Have to File a Birth Injury Lawsuit in Pennsylvania?
Under Pennsylvania law, medical malpractice claims are generally subject to a two-year statute of limitations. However, when the injury involves a minor child, the clock for filing a claim does not begin until the child turns 18, allowing them to file a lawsuit up until age 20.
However, parents often file birth injury lawsuits on behalf of their children much earlier, especially when the injury results in extensive medical costs and treatment needs. Since time limits can vary, you should consult a birth injury attorney as soon as possible for help identifying and complying with the deadlines.
Contact A Philadelphia Birth Injury Lawyer Today
When your family’s future is changed because a doctor injures your child as they come into the world, you deserve all of the remedies that the justice system can provide you. At Morris Wilson Knepp Jacquette, P.C., our Philadelphia malpractice lawyers offer compassionate legal advocacy that is aimed at helping you get justice.
We don’t charge legal fees unless we win compensation for you, and we are skilled negotiators and experienced litigators ready to take on large hospitals and major malpractice insurers. We care deeply about all of our clients, and we have a long track record of successful cases to prove we are a firm you can trust.
Give us a call today at (610) 825-0500 to talk with a member of our legal team to learn more.