What are Philadelphia birth injuries?
A birth injury typically involves damage or harm suffered by an infant or a mother prior to, during, or shortly after giving birth. Birth injuries vary significantly in terms of severity, with some birth injuries being minor and others being potentially life threatening.
The most common types of birth injuries include:
- Brain damage
- Spinal cord injuries
- Cerebral palsy
- Erb's palsy
- Broken bones
- Uterine rupture or inversion
- Nerve injuries
It is important to understand the difference between birth injuries and birth defects. Birth injuries often result from medical negligence or a medical mistake, whereas birth defects generally result from a person's genetic makeup or from medications.
Birth injuries can be devastating to a newborn and their entire family. If you believe your child has suffered from an injury during or shortly after their birth, you should speak to the attorneys at D'Intino Law Firm, LLC immediately to learn what recourse you and your family could seek. Call 267-491-9111 today, or simply fill out our online contact form to schedule a free consultation.
Proving a Birth Injury Liability in Philadelphia
Proving liability for a birth injury is essential to obtain compensation for any damages. Liability generally means showing that a medical professional or hospital's negligence caused the birth injury.
A birth injury claim commonly requires several elements to prove liability. First, there must be a doctor/patient relationship between the harmed individual and the negligent doctor. Next, there must be proof of the doctor's breach of the medical standard of care, which is measured based on a doctor with similar experience and education acting under similar circumstances. Finally, there must be a causal link between the doctor's breach of the medical standard of care and the injured person's birth injury and damages.
Although birth injuries can be significant and terrifying, not all birth injuries result from medical negligence or result in a lawsuit. For example, some birth injuries are unpreventable or caused by mistakes that do not reach the level of negligence.
Pennsylvania Birth Injury Compensation
The amount and types of compensation available to an individual in a birth injury case vary greatly based on the specific circumstances of the case. With that being said, the common types of damages awarded in a birth injury case include economic damages and non-economic damages.
Economic damages include the monetary amounts that an injured party pays as a result of the birth injury sustained from a doctor's negligence. Some of the common forms of economic damages include:
- Past and future medical expenses
- Costs for life support and ongoing care
- Costs for therapies
- Special education coverage
- Lost wages
On the other hand, non-economic damages commonly relate to losses from the pain, suffering, and emotional trauma experienced after birth injury. Non-economic damages are typically more difficult to calculate due to the lack of documentation and hard evidence.
Do You Need a Pennsylvania Birth Injury Attorney?
Birth injury cases are generally difficult to win without an attorney. In fact, it can be difficult for a person unfamiliar with the legal system to properly file a birth injury case without the assistance of a knowledgeable attorney.
For instance, there are several state laws and court rules that must be followed to simply get a case started and ensure that you do not lose the legal right to pursue compensation for a birth injury. The birth injury attorneys at D'Intino Law Firm, LLC have the necessary knowledge and resources to perform an extensive investigation into your case's circumstances and to obtain the medical experts needed to prove a breach of the medical standard of care. You and your child should not continue to suffer after a birth injury. Call us today at 267-491-9111 to learn how we can help you.